Legal Opinion
Barnhart v. American Furniture Warehouse Co.
Colorado Court of Appeals
Decided November 21, 2013No. Court of Appeals No. 13CA0085PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
JUDGE J. JONES
{1 Plaintiff, Matthew V. Barnhart (son), appeals the district court's summary judgment in favor of defendant, American Furniture Warehouse Company (AFW), on his wrongful death claim.
T2 We must decide whether, under Colorado's Wrongful Death Act (the Act), sections 13-21-201 to -204, C.R.S.20183, an heir may bring a wrongful death claim after a decedent's surviving spouse has settled such a claim without filing suit. We conclude that a spouse's earlier settlement precludes an heir's subsequent claim, and therefore affirm the district court's judgment.
I. Background
T3 On…
2Cases cited32 opinions
- State v. NietoSupreme Court of Colorado · 2000
- Jordan v. Baptist Three Rivers HospitalTennessee Supreme Court · 1999
- Danielson v. Castle Meadows, Inc.Supreme Court of Colorado · 1990
- Consumers Gas & Oil, Inc. v. Farmland Industries, Inc.Court of Appeals for the Tenth Circuit · 1996
- Smith v. Zufelt Ex Rel. ZufeltSupreme Court of Colorado · 1994
27 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Battle North, LLC v. Sensible Housing Co.Colorado Court of Appeals · 2015
- Burton v. Colorado AccessColorado Court of Appeals · 2015
- Burton v. Colorado Access, a/k/a Colorado Access Long Term Disability PlanColorado Court of Appeals · 2015
- John Nicola v. City of Grand JunctionColorado Court of Appeals · 2023
- Plaza Insurance v. LesterDistrict Court, D. Colorado · 2015