People v. Rogers, 20 P.3d 1238 (Colo. Ct. App. 2000)

Cases | People v. Rogers, 20 P.3d 1238 (Colo. Ct. App. 2000) | 2018

Defendant struck a flag person in a construction zone with his vehicle, causing serious bodily injury. As the victim was on the job at the time of the accident, her workers’ compensation carrier, the Colorado Compensation Insurance Authority (CCIA), paid her medical expenses. Defendant pled guilty to vehicular assault and was ordered to pay $ 46,158.23 in restitution. The majority of the amount was to be paid to the CCIA. Defendant filed a motion to set aside the restitution order, claiming that the CCIA could not receive restitution because it would have no right of subrogation under Colo. Rev. Stat. § 10-4-713(1) for the personal injury protection (PIP) benefits paid to the victim. The trial court denied the motion and defendant appealed. The appellate court held that the trial court did not err in denying defendant's motion to set aside the restitution order. Defendant's reliance upon People v. T.R., 860 P.2d 559 (Colo. App. 1993) was misplaced because the case turned on the interpretation of the juvenile restitution statute rather than the provisions of the No-Fault Act. The “adult” restitution statute, Colo. Rev. Stat. § 16-11-204.5 (repealed 2002) provides for restitution to the directly aggrieved party as well as other parties suffering a loss based on contract.

 

(This case cites former Colo. Rev. Stat. § 16-11-204.5.)