Gail Collard v. Vista Paving Corporation, 2012COA208 (November 21, 2012)

Wile E. Coyote never got the Road Runner to smack into his wall painted like a road. Here, City hired Vista to construct medians in the middle of a road. The medians were completed by Vista and accepted by the City. For a while, the double yellow stripes led straight into the median, where plaintiff crashed her car. She sued Vista under both the PLA and common law negligence. After rejecting the application of the PLA because Vista was not a “landowner,” the court of appeals adopted new construction liability standards. It rejected the “completed and accepted” doctrine under which construction companies owed no duties to third parties after completing work. The court adopted a “foreseeability rule” making companies potentially liable even after work is completed, if it would be unreasonable to expect another party to mitigate a danger. The case was remanded to apply the new standard.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA0153-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8758&courtid=1

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1 Comment

Filed under Appellate Review Challenged, Government, Personal Injury, Torts

One response to “Gail Collard v. Vista Paving Corporation, 2012COA208 (November 21, 2012)

  1. An initial issue in this case was the timeliness of the appeal. Appellee argued that because the notice of appeal was filed more than 49 days after entry of the summary judgment order from which the appeal arose, it was untimely. The court of appeals disagreed. First it held that the 49 day clock does not start until a judgment becomes final. Here an outstanding issue not decided, but which was not separately certified for appeal remained, pending resolution of a motion for reconsideration. The appellant’s motion for reconsideration in the trial court tolled the 49 day period. Because the notice was filed within 49 days of the decision on the motion for reconsideration, the appeal was timely filed.

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