Supreme Court of Colorado

Floyd Nelson v. Encompass Pahs Rehabilitation Hospital, LLC D/b/a Encompass Health Rehabilitation Hospital Of…

January 9, 20232023 CO 1

Summary

The court held that an LLC’s residence for venue purposes under C.R.C.P. 98 is determined by the LLC’s own residence, not by the residences of its members. Because both parties and the alleged torts were connected to Arapahoe County, venue was improper in Boulder County, so the court made the rule to show cause absolute, vacated the trial court’s order, and remanded. The court also rejected the argument that a motion for reconsideration was required before seeking relief under C.A.R. 21.