Dissent on rescue doctrine in cab attack

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 14, 2021 1:09 PM

(This is part two of a two-part series. Part one was published on Monday.)Dissenting in a Colorado Court of Appeals case that adopted a new test for causation in lawsuits involving the rescue doctrine — based on Sec. 32 of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm (2010) — Alex J. Martinez, a retired Colorado Supreme Court justice who was sitting by special designation, objected to the majority’s decision to reject the “time-tested proximate cause framework and …

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