(Download) "Board Of County Commissioners V. Moreland" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Board Of County Commissioners V. Moreland
- Author : Colorado Supreme Court
- Release Date : January 28, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The respondent, Frederick Moreland, became a paraplegic as a result of a fall from an unenclosed deck of a cabin located near Durango. He brought suit in negligence against the County of La Plata (County) based upon the failure of the County to require that a guardrail be constructed around the deck, as mandated by the County's building code. A jury trial was held, after which the trial court entered judgment on a verdict in favor of Moreland. The County appealed to the Colorado Court of Appeals, which affirmed the judgment. Moreland v. Bd. of County Comm'rs, 725 P.2d 1 (Colo. App. 1985). We granted certiorari to determine whether the County owed a duty to Moreland to assure that the deck was protected by a guardrail. We conclude that even if the building code imposed an obligation on the County to require the guardrail, Moreland has no civil liability remedy for damages resulting from the breach of such obligation because of the absence of a clear expression of legislative intent to create such a remedy. Accordingly, we reverse the judgment of the court of appeals.
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