Rocky Mountain Festivals, Inc., D/b/a Colorado Renaissance Festivals, Inc., Petitioner v. Parsons Corporation And…

Summary

The court held that a plaintiff is not categorically barred from seeking wrong-of-another damages merely because it was partially liable for some claims in the underlying litigation. Litigation costs may be recoverable for distinct claims based on different facts and legal theories, subject to factfinder determination of segregability and proof of the underlying tort. Because the record supported segregability between the water and wastewater claims and presented genuine issues regarding damages, the court reversed summary judgment. Justice Eid, joined by Chief Justice Mullarkey and Justice Coats, dissented, arguing that the negligence claim had already failed for lack of causation and that the plaintiff's partial fault barred recovery.