Chris Bermel, Petitioner v. Blueradios, Inc., Respondent

Summary

The court held that Colorado's judge-made economic loss rule cannot bar a statutory civil-theft claim even when the same conduct also breaches a contract. Because the legislature expressly created the civil-theft cause of action and its remedies, applying the judicial rule to eliminate that claim would improperly override legislative policy. The court affirmed and remanded for further proceedings, while Justice Gabriel, joined by Justice Hart, dissented and would have applied the economic loss rule to bar the claim.