Slack v. Farmers Insurance Exchange
Colorado Supreme Court
5 P.3d 280 (2000)
Relevant factsFree
Farmers (defendant) sent Juliette Slack (plaintiff) to independent examiner Lachow despite knowing of a prior sexual-assault allegation against him, and Lachow sexually assaulted her during the exam; after Slack settled with Lachow and sued Farmers separately for negligence and related claims, the jury apportioned 60% fault to Lachow and 40% to Farmers, and the trial court reduced Juliette's award accordingly but not her husband Brett's loss-of-consortium award.
IssueFree
Whether, under a several liability scheme, fault may be apportioned among a tortfeasor who acted negligently and a tortfeasor who acted intentionally, even if the latter is not a party to the action.