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Sigman v. Seafood Limited Partnership I and Seafood Enterprises Inc.9/16/1991
enial of first-party claims to consumers of alcohol applies uniformly to all vendors of alcoholic beverages. Therefore, the statute is not special legislation.
D.
The plaintiffs' final contention is that section 12-47-128.5 denies them access to the courts in violation of article II, section 6, of the Colorado Constitution, which provides that "courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character." This court recognized in O'Quinn v. Walt Disney Productions, 177 Colo. 190, 493 P.2d 344 (1972), that this constitutional provision "does not prevent the legislature from changing the law which creates a right. Rather, this section simply provides that if a right does accrue under the law, the courts will be available to effectuate such right." Id. at 195, 493 P.2d at 346; accord Curtiss, 774 P.2d at 876. Because the legislature abolished first-party claims against vendors of alcoholic beverages before Sigman's fatal injury occurred, the plaintiffs had no accrued right to bring a wrongful death action against the defendants. Therefore, the dismissal of the plaintiffs' suit does not violate article II, section 6, of the Colorado Constitution.
In conclusion, we find that section 12-47-128.5 is constitutional and bars the plaintiffs' wrongful death action. Judgment is affirmed.
Disposition
JUDGMENT AFFIRMED.
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