Hernandez v. Downing

Today we hold that Colorado's Wrongful Death Statute, section 18-21-208(1), C.R.S. (2006), means what it says when it limits wrongful death claims to "only one civil action" for the death of one decedent. In this case, Plaintiffs have sued two Co-Defendants in Prowers County District Court for the death of Vera Hernandez based on separate torts allegedly committed in different counties. One of the Defendants, Parkview Medical Center ("Parkview"), moved to sever Plaintiffs' claim against it and have venue over that claim transferred to Pueblo County, where Parkview is located. The trial court…