Spencer v. Sytsma

Summary

The Colorado Supreme Court holds that claims against defendants involved in separate accidents may be permissively joined when they arise from a plaintiff's common injury, but venue requirements must nevertheless be satisfied for each defendant when the defendants did not act in concert. The court makes absolute a rule to show cause and orders a change of venue as to defendant Ralph Kuiper. A dissent would have upheld the trial court's determination that joinder and venue requirements were both satisfied.

Holdings

1. The defendants could properly be joined under C.R.C.P. 20(a) because the plaintiff's single injury constituted a common occurrence and common questions of fact would arise concerning the injury and apportionment of damages.
2. When defendants did not act in concert or engage in the same tortious act, venue requirements must be satisfied for each defendant, even if the defendants are properly joined based on a common injury.
3. The trial court erred in denying Kuiper's request for a change of venue because venue was not proper for him in Denver County merely because he was joined with Sytsma.

Questions Presented

1. Whether defendants involved in two separate accidents may be permissively joined because the plaintiff suffered a common injury.
2. Whether venue must be independently proper for each defendant when the defendants did not act in concert or engage in the same tortious act.
3. Whether the trial court erred by denying Kuiper's motion for a change of venue and severance.

Disposition

writ_granted