The Colorado Supreme Court cited to Richard Mincer’s Law review article, The Viability of Direct Negligence Claims Against Motor Carriers in
the Face of an Admission of Respondeat Superior, 10 Wyo. L. Rev. 229 (2010) in a recent case where the court affirmed partial summary judgment on behalf of a cab company facing claims of negligent hiring, training and similar claims. In re Ferrer, 27 CO 14 (2017). The Court adopted the McHaffie view that such claims are superfluous when the defendant employer admits it is vicariously liable for the negligence of its employee. The Court also found that the McHaffie view was not incompatible with comparative fault and, in fact, promoted the aims of the doctrine. Importantly, the Court also held that a claim of punitive damages does not provide an exception to the rule. Recognizing a point missed by others, the Court observed that punitive damages is not a separate and distinct cause of action. Further, “by its own terms . . . has no application in the absence of a successful underlying claim for actual damages.” A copy of the case can be found here: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2015/15SA340.pdf This is the ninth jurisdiction around the country to cite to Mincer’s article in a published decision.