The general assembly hereby declares that, in enacting this part 6, the general assembly has determined that the certificate of review requirement should be utilized in civil actions for negligence brought against those professionals who are licensed by this state to practice a particular profession and regarding whom expert testimony would be necessary to establish a prima facie case.
Source: L. 87: Entire part added, p. 549, § 1, effective July 1.
ANNOTATION
Law reviews. For article, "Negligence: The Construction Claim Panacea", see 15 Colo. Law. 1992 (1986). For article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986).
Expert testimony necessary to establish standard of professional conduct unless there is a simple factual circumstance or dereliction of duty so palpable as to be apparent without the presentation of such testimony. Where the claim involved review of attorney's efforts to negotiate a financial transaction, the ordinary knowledge of a layperson could not be relied upon to establish standard of care. Boigegrain v. Gilbert, 784 P.2d 849 (Colo. App. 1989).
No exemption for pro se litigants. The policy expressed in this section applies equally whether or not a party is represented by an attorney. Yadon v. Southward, 64 P.3d 909 (Colo. App. 2002).