Supreme Court of Colorado
Patricia Henisse v. First Transit, Inc., an Ohio Corporation Licensed to Do Business in Colorado, and Eric Victor Cotton
February 7, 20112011 Colo. LEXIS 93
Summary
The court held that an employee of a private contractor providing bus services to a public entity is not a public employee under the Colorado Governmental Immunity Act because the statutory definition excludes independent contractors and does not extend that status to their employees. Accordingly, the statutory damages cap did not apply to either the driver or the private employer sued vicariously for the driver's negligence. The court reversed the court of appeals.