Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent v. Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner

Supreme Court of Colorado

Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent v. Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner

Supreme Court of Colorado·Decided November 17, 2025·No. 25SC231·Published

Opinion

Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent
v.
Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner

No. 25SC231

Supreme Court of Colorado, En Banc

November 17, 2025

Court of Appeals Case No. 23CA1537

Petition and Cross-Petition for Writ of Certiorari GRANTED.

JUSTICE HART does not participate.

Whether, as a matter of first impression, the "felonious killing" exception to the Wrongful Death Act's cap on noneconomic damages, § 13-21-203(1)(a), C.R.S. (2024), by its plain language applies only to individuals and not corporations.

Whether, in determining the amount a plaintiff is entitled to recover in a wrongful death action, the court of appeals erred in, first, applying section 13-21-203(1)(a), C.R.S. (2024) to reduce the jury's award of noneconomic damages to the Wrongful Death Act's cap amount and then, second, applying the defendant's proportionate percentage of liability to further reduce the recovery.

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Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent
v.
Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner

No. 25SC231

Supreme Court of Colorado, En Banc

November 17, 2025

Court of Appeals Case No. 23CA1537

Petition and Cross-Petition for Writ of Certiorari GRANTED.

JUSTICE HART does not participate.

Whether, as a matter of first impression, the "felonious killing" exception to the Wrongful Death Act's cap on noneconomic damages, § 13-21-203(1)(a), C.R.S. (2024), by its plain language applies only to individuals and not corporations.

Whether, in determining the amount a plaintiff is entitled to recover in a wrongful death action, the court of appeals erred in, first, applying section 13-21-203(1)(a), C.R.S. (2024) to reduce the jury's award of noneconomic damages to the Wrongful Death Act's cap amount and then, second, applying the defendant's proportionate percentage of liability to further reduce the recovery.

Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent v. Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner, (Colo. 2025).

Pincite

Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent v. Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner (Public Service Company of Colorado d/b/a Xcel Energy, Petitioner/Cross-Respondent v. Estate of Carol Ross, by and through its personal representatives Derek Ross and Tanya Weindler as heirs to Carol Ross. Respondent/Cross-Petitioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.