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Torts keyed to Best
Slack v. Farmers Insurance Exchange
Citation:
5 P.3d 280 (Colo. 2000)Facts
Juliette Slack suffered neck and back injuries in an automobile accident. The following day, Slack visited her chiropractor for treatment of her injuries. On her chiropractor’s submission of charges to Farmers Insurance, Slack’s insurer, Farmers chose to obtain a second opinion on Slack’s injuries from an independent examiner.
For a second opinion on her injuries, Farmers referred Slack to Dr. Lloyd Lachow. During the examination, Lachow allegedly sexually assaulted Slack. At the time of the examination, Slack had an outstanding sexual assault allegation against him from another individual insured by Farmers.
Slack sued both Lachow and Farmers. Slack alleged several intentional torts against Lachow, including battery and assault. Additionally, Slack claimed that Farmers was negligent in referring her to an examiner that Farmers knew or should have known had an outstanding sexual assault allegation against him. Slack settled with Lachow, and a jury found for Slack at trial. At trial, the jury apportioned sixty percent of the fault to Lachow and forty percent of the fault to Farmers. Slack appealed on the apportionment issue, and the court of appeals found for Farmers. Slack appealed to the Colorado Supreme Court.
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