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.