Sigman Ex Rel. Sigman v. Seafood Ltd. Partnership I

The heirs of Curtis Sigman (plaintiffs) appeal the district court’s dismissal of their wrongful death action based on its ruling that section 12-47-128.5, 5 C.R.S. (1990 Supp.), precluded the plaintiffs’ claims and that the statute was constitutional. 1 We affirm.

I

On July 19,1989, Curtis Sigman (Sigman) consumed an excessive amount of alcoholic beverages at a bar and restaurant in Denver, Colorado, known as Mostly Seafood. When the inebriated Sigman attempted to leave the restaurant, he fell down a flight of stairs, incurring head injuries that resulted in his death on July 25, 1989.

In May…