J.B., as legal guardian and personal representative of E.B., an adult with a disability v. MKBS, LLC d/b/a Metro Taxi, Inc. a/k/a Metro Transportation Planning and Solution Group; and Jesus Manuel Ortiz

• Court: Supreme Court of Colorado
• Decided: June 30, 2025
• Docket: 24SC747
• Status: Published

Opinion

J.B., as legal guardian and personal representative of E.B., an adult with a disability, Petitioner
v.
MKBS, LLC d/b/a Metro Taxi, Inc. a/k/a Metro Transportation Planning and Solution Group; and Jesus Manuel Ortiz, Respondents

No. 24SC747

Supreme Court of Colorado, En Banc

June 30, 2025

          Court of Appeals Case No. 23CA1415

         Petition for Writ of Certiorari GRANTED.

         Whether the court of appeals erred in affirming the trial court's order permitting a defaulting defendant to testify contrary to the facts of his default.

2

         Whether the court of appeals erred in affirming the trial court's order entering judgment, premised on the verdict the jury reached after hearing a defaulting defendant's testimony contrary to his default, in favor of that same defendant.

         Whether the court of appeals erred in affirming the trial court's order setting aside the default judgment entered against a defaulting defendant, misapplying the applicable three factor test and its heightened standard of proof.