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HENISSE v. FIRST TRANSIT, INC.

No. 08CA0962.

220 P.3d 980 (2009)

Patricia HENISSE, Plaintiff-Appellant, v. FIRST TRANSIT, INC., an Ohio corporation licensed to do business in Colorado; and Eric Victor Cotton, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

June 11, 2009.

Attorney(s) appearing for the Case

Cook & Jeffress, P.C., Stephen H. Cook, Christopher W. Jeffress, Boulder, Colorado, for Plaintiff-Appellant.

Wood Ris & Hames, P.C., William A. Rogers, III, Brendan L. Loy, Mark J. Jachimiak, Denver, Colorado, for Defendants-Appellees.

Sears & Swanson, P.C., Victoria C. Swanson, Colorado Springs, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

Opinion by Judge J. JONES.

Plaintiff, Patricia Henisse, was injured in an automobile accident when her vehicle was struck by a bus driven by defendant Eric Victor Cotton (the bus driver). She sued the bus driver and his employer, First Transit, Inc. The district court determined as a matter of law that the bus driver was also an employee of the Regional Transportation District (RTD), and therefore his potential liability was capped at $150,000 by virtue of the Colorado...

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