Hobbs and Hutchinson Examine Causation in Tort Claims

Shook Partner Eric Hobbs and Associate Liz Hutchinson have authored an article for Colorado Lawyer exploring how the Colorado Supreme Court's decision in Rocky Mountain Planned Parenthood, Inc. v. Wagner affects causation in tort claims. The decision, Hobbs and Hutchinson explain, "signals a limit on the 'predominant cause' doctrine, which previously allowed property owners and tort defendants to evade liability for intentional conduct of others. At the same time, the case highlights that the duty-of-care principle remains a viable means to restrict liability for higher-level corporate entities not in a special relationship with the plaintiff."

Hobbs and Hutchinson detail the case's background and the court's majority and partially dissenting opinions, concluding that the decision may have three main implications for tort cases in Colorado. "First, fewer tort cases will be decided by dispositive motions prior to trial," they note. "Second, businesses and organizations operating in Colorado can expect increased exposure to tort liability based on known dangers and threats of violence, especially if a business’s operations involve controversial subject matters." Finally, they explain, "the predominant cause doctrine has been significantly limited."

"While limiting defendants’ ability to resolve their liability short of trial, the precise impact of this decision ultimately will come down to the jury. Colorado juries may well agree, based on the circumstances of each case, that the actions of the criminal actor are predominant, thus relieving businesses of liability for lack of proximate causation. Or, even if the jury finds causation satisfied, it may still apportion the vast majority of liability to the criminal actor under comparative fault principles."