In Re Jessica Ferrer, Plaintiff v. Tesfamariam Okbamicael and Colorado Cab Company, L.L.C., Defe — Gabriel, J…

Summary

The dissent agrees that the trial court properly denied Ferrer's request to amend her complaint to seek exemplary damages but disagrees with dismissing her direct negligence claims against the cab company. It reasons that those claims alleged the company's own independent negligence, were not duplicative of vicarious liability, and should have remained for adjudication alongside comparative-fault issues. The dissent also contends that the ruling permits defendants to manipulate pleadings to eliminate potentially responsible parties from the fault allocation.