Sterling Construction Management, LLC v. Steadfast Insurance Company et al

Filing 135

MINUTE ORDER granting 115 Plaintiff's Motion to Strike Chase Contractors, Inc.'s 108 Supplemental Non-Party at Fault Designation, by Magistrate Judge Michael J. Watanabe on 12/01/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02224-MSK-MJW STERLING CONSTRUCTION MANAGEMENT, LLC, Plaintiff, v. STEADFAST INSURANCE COMPANY and CHASE CONTRACTORS, INC., Defendants, AND CHASE CONTRACTORS, INC., Third-Party Plaintiff, v. WILLBROS ENGINEERS, INC., Third-Party Defendant. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the Plaintiff's Motion to Strike Chase Contractors, Inc.'s Supplemental Non-Party at Fault Designation (Docket No. 115) is granted, substantially for the reasons stated in the motion. As correctly noted by the plaintiff, the non-party designation is based on the same allegations of negligence that were the bases of the third-party claim against Willbros. Judge Krieger dismissed the tort claims for failure to state a claim. See Docket No. 97, Opinion and Order Granting Motion for Judgment on the Pleadings, which is incorporated by reference. Furthermore, the comparative fault statute does not apply to claims that are premised upon contract. See Trustees of the Colorado Laborers' Health & Welfare Trust Fund v. American Benefit Plan Administrators, Inc., 2005 WL 1661079, *2 (D. Colo. July 14, 2005). Date: December 1, 2010