Tag Archives: Completed and Accepted

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