Union Pacific Railroad v. Martin

Union Pacific petitioned for review of the court of appeals' judgment affirming the district court's order granting partial summary judgment for the Martins and striking Union Pacific's affirmative defenses of comparative negligence and fault of a nonmparty. See Martin v. Union Pacific R.R. Co., 186 P.3d 61 (Colo.App.2007). Relying on our holding in Vigil v. Franklin, 103 P.3d 322 (Colo.2004), the district court concluded that these statutory defenses were inapplicable to claims limited by Colorado's premises Hability statute. The court of appeals disagreed that Vigil was dispositive but…