DENVER, CO (March 6, 2026) – NFIB filed an amicus brief in the case Public Service of Colorado v. Estate of Carol Ross at the Colorado Supreme Court. The case asks if the “felonious killing” exception to the Wrongful Death Act’s cap on damages applies to companies, including small businesses. The Colorado Supreme Court has agreed to hear the case after the Colorado Court of Appeals concluded that, in wrongful death cases, businesses could be held responsible for “felonious killings,” with no cap on the amount of damages awarded.

“Only individuals—not small businesses—engage in felonious killings. Disregarding the damage cap could bankrupt numerous Colorado small businesses and create an opportunity for trial lawyers to game the system for profit,” said NFIB Colorado State Director Michael Smith. “The district court was correct to recognize that a small business can’t have premediated intent to deliberately kill, like an individual does. This case twisted the language of the law and created a potential for extreme lawsuit abuse in the state. The Colorado Supreme Court should reject the Colorado Court of Appeals decision.”

NFIB joined the Colorado Civil Justice League and the Colorado Defense Lawyers Association in filing the brief. The brief argues that the Court of Appeals decision misreads the legislative intent of the felonious killing exception, reducing its value as a deterrent, and ultimately passes the costs of violent crime onto small businesses and consumers rather than criminals.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.