Charlton v. Kimata

The question in this case is whether section 12-47-128.5(4), 5 C.R.S. (1990 Supp.), which creates a limited claim for relief against social hosts who furnish alcoholic beverages to their guests, precludes the plaintiffs’ common-law negligence claims and, if it does, whether the statute violates the state constitutional right of access to the courts, Colo. Const. Art. II, § 6, the constitutional guarantee of equal protection of the laws, Colo. Const. Art. II, § 25, or the constitutional prohibition against special legislation, Colo. Const. Art. V, § 25. The district court granted summary…