The late discovery of a fracture in England’s scapula was previously unknown, but was definitely a material fact.
The Court of Appeals said that dealing with the question of personhood under the Survival Statute was not necessary at this time, so it did not make a determination.
Third party claims are timely, irrespective of either the statute of limitations or the statute of repose, as long as the claims are brought during the litigation or within 90 days of a judgment or settlement.
The appeals court found the compensation court’s decision to be “clearly wrong,” as Hintz did present medical evidence that his injury was the result of the November 13 work accident.
The appeals court ruled in favor of the plaintiff, holding that the burden was actually on the attorney-defendant, not the plaintiff, to prove the judgment would have been uncollectible as an affirmative defense.
Plaintiff filed a complaint in the district court alleging Defendant owed Plaintiff $45,500 in liquidated damages because it canceled the contract early.
Ashour’s claim for UIM benefits under his policy with AFI is not barred by the exclusivity provisions of the Act, or by the “legally entitled to recover” language of the policy.
The Court held that a non-negligently constructed and maintained piece of playground equipment cannot be a “dangerous condition” under the CGIA’s recreation-area waiver.
How to authenticate text messages under CRE 901(a) is a matter of first impression in Colorado.
The Supreme Court of Colorado examined the 2014 decree to determine whether it expressly recognized a right to divert water from the ditch.
Under the economic loss rule, a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.
Cox appealed, arguing the District Court erred in granting Sage’s motion to dismiss because there were no unusual circumstances sufficient to overcome the presumption in favor of Colorado courts hearing cases brought by Colorado residents.
