Lewis factors (Colorado) · Go Syfert
← Colorado issues

Lewis factors in Colorado

8 Colorado opinions name it 2 courts 1994–2024 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Summit County Development Corporation v. Bagnoligreen
colo · 1968 · cited in 2 Colorado opinions naming this issue, 1998–2015
2 sentences

2015Corp. v. Bagnoli, 166 Colo. 27, 40 , 441 P.2d 658, 664 (1968). [16 The Lewis factors have been applied in Colorado only to ski lift operators and operators of amusement rides. 1 The supreme court has stated that the underlying basis for its decision determining that ski lift operators are subject to the highest degree of care was that ski lifts "are operated at considerable height from the ground over rough, elevated, often precipitous Colorado terrain.

2015Corp. v. Bagnoli, 166 Colo. 27, 40 , 441 P.2d 658, 664 (1968). [16 The Lewis factors have been applied in Colorado only to ski lift operators and operators of amusement rides. 1 The supreme court has stated that the underlying basis for its decision determining that ski lift operators are subject to the highest degree of care was that ski lifts "are operated at considerable height from the ground over rough, elevated, often precipitous Colorado terrain.

22
People v. Haywardgreen
coloctapp · 2002 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008"The decision whether to give a Lewis instruction or declare a mistrial is a matter of trial court discretion." People v. Hayward, 55 P.3d 803, 807 (Colo.App.2002).

2008"The decision whether to give a Lewis instruction or declare a mistrial is a matter of trial court discretion." People v. Hayward, 55 P.3d 803, 807 (Colo.App.2002).

11
People v. Barnardgreen
coloctapp · 2000 · cited in 1 Colorado opinions naming this issue, 2002–2002
2 sentences

2002People v. Barnard, 12 P.3d 290, 295 (Colo.App.2000).

2002People v. Barnard, 12 P.3d 290, 295 (Colo.App.2000).

11
People v. Raglandgreen
coloctapp · 1987 · cited in 1 Colorado opinions naming this issue, 2000–2000
2 sentences

2000See People v. Lewis, supra (an instruction that requires a juror to surrender honestly held beliefs is antithetical to the requirement of unanimity); see also People v. Ragland, 747 P.2d 4 (Colo.App.1987).

2000See People v. Lewis, supra (an instruction that requires a juror to surrender honestly held beliefs is antithetical to the requirement of unanimity); see also People v. Ragland, 747 P.2d 4 (Colo.App.1987).

11
People v. Lewisgreen
colo · 1984 · cited in 1 Colorado opinions naming this issue, 2000–2000
2 sentences

2000See People v. Lewis, supra (an instruction that requires a juror to surrender honestly held beliefs is antithetical to the requirement of unanimity); see also People v. Ragland, 747 P.2d 4 (Colo.App.1987).

2000See People v. Lewis, supra (an instruction that requires a juror to surrender honestly held beliefs is antithetical to the requirement of unanimity); see also People v. Ragland, 747 P.2d 4 (Colo.App.1987).

11
Lewis v. Buckskin Joe's, Inc.green
colo · 1964 · cited in 1 Colorado opinions naming this issue, 1998–1998
2 sentences

1998We derived these factors directly from our prior decision in Lewis v. Buckskin Joe's, Inc., 156 Colo. 46 , *73 56, 396 P.2d 933, 938-39 (1964), wherein we held that amusement ride operators must "exercise the highest degree of care commensurate with the practical operation" of the ride. [2] Underlying our adoption in Bagnoli of the Lewis factors is that ski lifts are operated at considerable height from the ground over rough, elevated, often precipitous Colorado terrain.

1998We derived these factors directly from our prior decision in Lewis v. Buckskin Joe's, Inc., 156 Colo. 46 , *73 56, 396 P.2d 933, 938-39 (1964), wherein we held that amusement ride operators must "exercise the highest degree of care commensurate with the practical operation" of the ride. [2] Underlying our adoption in Bagnoli of the Lewis factors is that ski lifts are operated at considerable height from the ground over rough, elevated, often precipitous Colorado terrain.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Lewis v. Lewis green
colo · 2008
1 sentence

2024To the extent the Lewis test for “close family members” acting with a “mutual purpose” applies, the district court’s findings further establish that Keith “benefit[ted] from . . . a significant deviation from that mutual purpose.” Lewis, 189 P.3d 1134 .

12024–2024
Bayer v. Crested Butte Mountain Resort, Inc. green
colo · 1998
2 sentences

2015Operation of a ski lift thus entails both greater danger and greater responsibility than cireumstances involving ordinary care." Bayer, 960 P.2d at 73 . 117 Separate from, but similar to, the concept of increased risk for passengers encompassed by the Lewis factors is the common law concept of inherently dangerous activities.

2015Operation of a ski lift thus entails both greater danger and greater responsibility than cireumstances involving ordinary care." Bayer, 960 P.2d at 73 . 117 Separate from, but similar to, the concept of increased risk for passengers encompassed by the Lewis factors is the common law concept of inherently dangerous activities.

12015–2015
Lembke Plumbing and Heating v. Hayutin green
colo · 1961
2 sentences

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

12012–2012
PIONEER CONSTRUCTION COMPANY v. Richardson green
colo · 1971
2 sentences

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

12012–2012
Bath Excavating & Construction Co. v. Wills green
colo · 1993
2 sentences

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

2012T 47 The supreme court has since reaffirmed the Lewis rule that a contractor has a duty to third persons while at work on a project in Pioneer Construction, 176 Colo. at 260 , 490 P.2d at 74 , and in Bath Excavating & Construction Co. v. Wills, 847 P.2d 1141 (Colo.1993) (contractor still actively excavating water pipes owed a duty of care to a third-party worker injured by the company's negligent performance). €48 The court appears to have first addressed a contractor's tort duty after work on the project has been completed in Lembke Plumbing & Heating v. Hayutin, 148 Colo. 334 , 366 P.2d 673

12012–2012
Estate of Sorensen v. Sorensen green
nd · 1987
1 sentence

1994The personal representative additionally relies on In re Estate of Sorensen, 411 N.W.2d 362 (N.D.1987) in support of his proposition that Lewis’ claim is time barred pursuant to the Uniform Parentage Act.

11994–1994

Where else courts name it

GA 41 (1977–2025) TX 28 (1967–2025) OH 25 (1996–2026) CA 22 (1906–2026) IN 21 (1982–2019) PA 20 (1840–2023) AL 19 (1983–2015) FL 14 (1986–2021) IL 14 (1980–2025) LA 11 (1980–2026) MO 9 (1981–2015) WA 9 (1978–2024) MT 9 (1988–2020) CO 8 (1994–2024) NY 8 (1983–2014) MN 8 (1996–2016) KS 6 (1995–2024) MI 6 (1970–2024) DC 6 (1980–2020) IA 5 (1982–2018) NV 5 (1980–2021) AZ 5 (2004–2023) TN 4 (2007–2009) AR 4 (2017–2023) MS 4 (2000–2013) HI 4 (1996–2021) SC 4 (1996–2016) KY 3 (2021–2025) WV 3 (2006–2026) MD 3 (1997–2017) CT 3 (1996–2014) MA 3 (2001–2025) DE 2 (1998–2017) ID 2 (1993–2022) VI 2 (2023–2024) WY 2 (1986–2025) UT 2 (2020–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check