Nicodemus v. Union Pacific Corp.

Arvada police arrested a severely injured man and sent him to Denver Health Medical Center. Denver Health and Hospital Authority (Denver Health) sued Arvada for the cost of care, claiming that CRS § 16-3-401, which says that persons in custody "shall be . . . provided . . . medical treatment," required Arvada to pay the hospital for the detainee's care. Here, the Supreme Court clarified that (1) whether a statute provides a private right of action is a question of standing, and (2) the same test for a private right of action under Allstate Insurance Co. v. Parfrey, 830 P.2d 905 (Colo. 1992), applies for claims against both governmental and non-governmental defendants. Applying Parfrey to Denver Health's statutory claim, the Court held that CRS § 16-3-401 does not provide hospitals a private right of action to sue police departments for the cost of providing healthcare to persons in custody. Accordingly, it concluded that the trial court erred by granting summary judgment to Denver Health on the statutory claim. The Court remanded the case for consideration of Denver Health's unjust enrichment claim based on Arvada's statutory duty to provide care for persons in custody.