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60976EE47B6701F5872586BE0063593B Hearing Summary




PUBLIC
BILL SUMMARY For HB21-1188

SENATE COMMITTEE ON JUDICIARY
Date Apr 21, 2021      
Location SCR 352



HB21-1188 - Referred to the Committee of the Whole


12:05:12 PM  

Senator Gonzales, sponsor, explained House Bill 21-1188, concerning additional liability of a defendant who admits liability under respondeat superior.  She discussed a 2017 Colorado Supreme Court ruling and the bill's attempt to return applicable laws back to before the ruling.  She further discussed negligence and immunity.  

 

 

12:08:37 PM  

Mr. Grier Bailey, representing CWPMA/RMFIA, testified in opposition to the bill. He raised concerns about the bill's scope and independent contractors. 

 

Lee Mickus, representing Colorado Civil Justice League, testified in opposition to the bill.  He discussed the supreme court ruling, vicarious liability, negligent employees, and punitive and compensatory damages. 

 

The committee asked questions about fact patterns, punitive damages, and negligent claims. 

 

 

12:24:53 PM  

Further questions were asked about negligent hiring, vicarious responsibility, and compensatory and punitive damages. 

12:33:23 PM  

Troy Hill , representing Colorado Motor Carriers Association (CMCA) and Hill Petroleum, testified in opposition to the bill.  He raised concerns about litigation. 

 

Ms. Kari Jones Dulin, representing Colorado Trial Lawyers Association, testified in support of the bill.  She discussed negligent hiring and responsibility for it.  She answered questions about costs and settlement incentives. 

 

 

12:47:46 PM  

Mr. Tom Metier, representing Academy of Truck Accident Attorneys and Colorado Trial Lawyers Association, testified in support of the bill.  He discussed discovery and systemic issues of negligence. 

12:54:03 PM  

Mr. Greg Fulton, representing Colorado Motor Carriers Association, testified in opposition to the bill.

 

Mr. Alex Wilschke, representing Leventhal Puga Braley P.C., testified in support of the bill. He discussed accountability. 

01:03:33 PM  

Dr Sami Diab, representing Colorado Medical Society, testified in opposition to the bill. He raised concerns about duplicative lawsuits and health care costs.

 

Bill Babich, representing self, testified in support of the bill.  He discussed public safety and irresponsible companies.

 

Written testimony about the bill is in Attachment C.

01:15:02 PM  

Senator Gonzales made closing remarks. 

 

Committee members discussed court rulings. 

 

 



01:20:31 PM
Motion Refer House Bill 21-1188 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke Excused
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS






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