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Garcia v. Colorado Cab Company, LLC

538 P.3d 328 (2022)

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Garcia v. Colorado Cab Company, LLC

Colorado Supreme Court
538 P.3d 328 (2022)

Facts

Ali Yusuf, a taxi driver for Colorado Cab Company (defendant), picked up two intoxicated men. One, Curt Glinton, attacked Yusuf from the back seat. Jose Garcia (plaintiff) saw the struggle and went to help. Glinton exited the cab, assaulted Garcia, stole the cab, and began using it as a weapon. Glinton struck Garcia, turned around, accelerated, ran over Garcia, dragged him into a parking lot, reversed, and hit him again. Garcia suffered severe injuries. He sued Colorado Cab, alleging that the company breached its duty of care to Yusuf by failing to install protective safety devices in its cabs and that, under the rescue doctrine, Colorado Cab also owed him a duty of care, which it breached. The trial court denied Colorado Cab’s motion for a directed verdict, concluding that the company owed Garcia a duty of care. The jury found Colorado Cab 45 percent at fault and awarded Garcia $1,605,000 in damages. The court denied Colorado Cab’s motion for judgment notwithstanding the verdict. The court of appeals reversed, holding that Glinton’s theft and use of the cab as a weapon were unforeseeable, superseding causes falling outside the scope of risk created by Colorado Cab’s negligence. The Colorado Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Hood, J.)

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