Gibraltar Casualty Co. v. Walters

Because my analysis of this case differs from that of my colleagues, and would lead to a different result, I respectfully dissent. My disagreement is on three points.

I

First, I would not so hastily dispose of the trial court’s conclusion that Colo.Rev. Stat. § 13-50.5-104(4) is the applicable statutory provision controlling the limitation period. Neither subsection (3) nor subsection (4) of the statute use the unqualified term “judgment,” but instead use the qualified language “judgment for the injury or wrongful death against the tort-feasor seeking contribution.” Finding no pertinent…