Slack v. Farmers Insurance Exchange

The majority concludes that the use of the term "fault" in section 13-21-111.5, 5 C.R.S. (1999), indicates that the General Assembly intended to include the liability of an intentional tortfeasor in the statute. As I believe that the pro rata liability statute was not intended to allow for apportionment of liability between a negligent tortfeasor and an intentional tortfeasor, I respectfully dissent.

The majority concludes that the plain language of the statute is not ambiguous and that the term "fault," as used in the statute, includes intentional torts. In my view, the term "fault" is…