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Keywords

negligenceappealduty of care

appealduty of care

Related Cases

Garcia v. Colorado Cab Company LLC, 503 P.3d 867, 2021 COA 129

Facts

Jose Garcia was injured after intervening in an assault on a cab driver by a passenger, Curt Glinton. Garcia approached the cab to tell Glinton to stop attacking the driver, which led to Glinton assaulting Garcia and later running him over with the stolen cab. The cab company, Colorado Cab, was found to have breached its duty of care by failing to install safety measures like partitions and cameras in its cabs, which contributed to the circumstances of the assault.

Jose Garcia was injured after intervening in an assault on a cab driver by a passenger, Curt Glinton.

Issue

Did Colorado Cab Company owe a duty of care to Jose Garcia as a rescuer, and was its breach of that duty a proximate cause of Garcia's injuries?

Rule

A cab company has a duty to protect its driver from foreseeable harm, and under the rescue doctrine, that duty extends to individuals who attempt to rescue the driver from harm.

Analysis

The court determined that Colorado Cab's failure to install safety measures constituted a breach of its duty to protect the driver, which in turn extended to Garcia as a rescuer. However, the court also found that the subsequent actions of Glinton, including stealing the cab and running over Garcia, were superseding causes that broke the chain of causation from the cab company's negligence.

The court determined that Colorado Cab's failure to install safety measures constituted a breach of its duty to protect the driver, which in turn extended to Garcia as a rescuer.

Conclusion

The Supreme Court reversed the Court of Appeals' decision, affirming that Garcia was a rescuer and that Colorado Cab had a duty of care to him, but also concluded that Glinton's actions were superseding causes of Garcia's injuries, warranting a remand for further proceedings.

The Supreme Court reversed the Court of Appeals' decision, affirming that Garcia was a rescuer and that Colorado Cab had a duty of care to him.

Who won?

Jose Garcia prevailed in establishing that Colorado Cab owed him a duty of care as a rescuer, but the court also recognized that the cab company's negligence was not the proximate cause of all his injuries due to the intervening actions of the passenger.

Jose Garcia prevailed in establishing that Colorado Cab owed him a duty of care as a rescuer.

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