Legal Opinion · Dissent

Ferrer v. Okbamicael

Supreme Court of Colorado

Decided February 27, 2017No. Supreme Court Case 15SA340Published

1DissentJustice Gabriel

¶59 I agree with the majority’s conclusion that the district court did not abuse its discretion in denying Ferrer’s motion for leave to amend her complaint to add a demand for exemplary damages. Maj. op. ¶ 57. I disagree, however, with the majority’s conclusion that the district court properly dismissed Ferrer’s claims against the Colorado Cab Company for negligence, negligent entrustment, negligent hiring, negligent retention/supervision, and negligent training (“direct liability claims”) because the cab company conceded vicarious liability for the negligence of its driver, Okbamicael, and…

2Cases cited15 opinions

  1. Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
  2. McHaffie Ex Rel. McHaffie v. BunchSupreme Court of Missouri · 1995
  3. Marquis v. State Farm Fire & Casualty Co.Supreme Court of Kansas · 1998
  4. Estate of Arrington v. FieldsCourt of Appeals of Texas · 1979
  5. James v. Kelly Trucking Co.Supreme Court of South Carolina · 2008

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API