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Pueblo County District Court upholds the "exclusive remedy" provision of the Premises Liability Act and dismisses the common law negligence claims.

In an alleged trip and fall accident, the plaintiff filed a lawsuit alleging claims for common law negligence as well as under the Colorado Premises Liability Act ("CPLA") against two (2) defendants. Both defendants denied being "landowners" under the CPLA. Both defendants contended in their motion to dismiss that the common law negligence claims should be dismissed in light of the "exclusive remedy" provision in the CPLA. The plaintiff argued that defendants could not take advantage of the "exclusive remedy" provision of the CPLA without first admitting that they are landowners. The defendants responded by pointing out that the Colorado Supreme Court had specifically provided that a landowner could deny being a landowner as defined by the CPLA and yet the CPLA would still apply. The Pueblo County District Court agreed and dismissed both common law negligence claims.