QWEST SERVICES CORP. v. BLOOD

No. 09SC534.

252 P.3d 1071 (2011)

QWEST SERVICES CORPORATION and Qwest Corporation, Petitioners v. Andrew BLOOD, Carrie Blood, and Public Service Company of Colorado, d/b/a Xcel Energy, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 20, 2011.


Attorney(s) appearing for the Case

Gibson, Dunn, & Crutcher LLP, Gregory J. Kerwin , Robert C. Marshall , Frederick R. Yarger , Denver, Colorado, Treece, Alfrey, Musat & Bosworth, P.C., Thomas N. Alfrey , Robert J. Zavaglia, Jr. , Denver, Colorado, Attorneys for Petitioners.

Fogel, Keating, Wagner, Polidori and Shafner, P.C., William L. Keating , Michael O'Brien Keating , Denver, Colorado, Hale Westfall, LLP, Richard A. Westfall , Peter J. Krumholz , Denver, Colorado, Attorneys for Respondents, Andrew Blood and Carrie Blood.

White and Steele, P.C., David J. Nowak , John Lebsack , Denver, Colorado, Attorneys for Respondent, Public Service Company of Colorado.

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Megan Paris Rundlet , Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae State of Colorado.

Center for Constitutional Litigation, P.C., Andre Mura , Washington, D.C., Ogborn, Summerlin, & Ogborn LLC, Thomas D. Neville , Denver, Colorado, Attorneys for Amicus Curiae American Association for Justice.

Wheeler Trigg O'Donnell LLP, Malcolm E. Wheeler , Denver, Colorado, Mayer Brown LLP, Evan M. Tager , Washington D.C., Attorneys for Amicus Curiae Chamber of Commerce of the United States of America.

Ayd & Johnson, James D. Johnson , Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.


Justice MARTINEZ delivered the Opinion of the Court.

Petitioner Qwest Services Corporation ("Qwest") was found negligent for failing to maintain a utility pole that collapsed while respondent Andrew Blood was climbing it as part of his employment as a lineman with respondent/third-party defendant Public Service Company of Colorado, doing business as Xcel Energy ("Xcel"). The jury determined that Qwest was 100% at fault for Blood's injuries and awarded $9,917,600 for...

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