Tompkins v. DeLeon

I respectfully dissent.

In interpreting a statute, a court’s primary duty is to discern and give effect to the intent of the legislature in adopting that statute. As Judge Sternberg noted in his well reasoned and sensible court of appeals’ majority opinion, this court has previously recognized that:

“[Wjhere a statute would operate unjustly, or absurd consequences would result from a literal interpretation of terms and words used that would be contrary to its obvious and manifest purposes, the intention of the framers will prevail over such a literal interpretation.” 40 Colo. App. 241, 243, 576…