The Colorado Court of Appeals took on this question in Wells Fargo v. Olivas, No. 16CA2158, (2017COA158). In this case, Buyers purchased a home in Pueblo in 2004. Buyers signed a deed of trust in favor of Wells Fargo Financial Colorado, Inc. (“WFFC”), for a…
The Colorado Supreme Court reversed the Court of Appeals in the case of Stockdale v. Ellsworth, No. 16SC798, (2017 CO 109). In 2009, XTO Energy, Inc. (“XTO”), filed an interpleader action, seeking to resolve competing claims to oil and gas proceeds held by XTO. XTO…
In Redd v. DePuy Orthopaedics, Inc., No. 16-3428, (8th Cir., 2017) the United States Court for the Eighth District answered that question. In 2008 Judith Redd (“Redd”) received a total hip replacement. She was five feet tall, weighed 302 pounds, and took immunosuppressant drugs. These…
In Watson v. Mylan Pharmaceuticals, Inc., No. 16-3349, (D. Kan. 2017), the United States Court of Appeals for the Tenth District sorted out the requirements of state versus federal law in a products liability case. Carmen Watson (“Watson”) was allegedly injured by Mylan Pharmaceutical’s (“Mylan”)…
In Phan v. American Family Insurance Company, No. 17-1187 (D. Colo. 2017) the United States Court of Appeals for the Tenth Circuit took on this question after Kent Vu Phan was injured in a car accident and sought damages from the insurance company. Kent Vu…
In Bright v. University of Oklahoma Board of Regents, No. 17-6101 (W.D. Okla. 2017) the United States Court of Appeals for the Tenth Circuit took on that question when dealing with a case possibly violating the Americans with Disabilities Act (“ADA”). Annaliese Bright (“Bright”) worked…
In Dahlgren v. Brooks, No. A-16-1215 (Neb. Ct. App. 2017) the Nebraska Court of Appeals took on this question in a breach of contract case. Gregg Dahlgren and Kristen Dahlgren (“Dahlgrens”) filed a complaint against Dennis Brooks (“Brooks”) for breach of contract and negligence stemming…
In Gless v. Dritley Properties, No. A-16-978 (Neb. Ct. App. 2017) the Nebraska Court of Appeals answered that question. On October 10, 2011, Laura Gless (“Gless”) slipped and fell on water on the floor inside the foyer of Elkhorn Animal Hospital, owned by Dr. Paul…
In Aziz v. Allstate Insurance Company, No. 16-3888 (8th Cir. 2017), the United States Court of Appeals for the Eighth Circuit granted judgment as a matter of law to the defendant, Allstate. A fire damaged Azim and Kina D. Aziz’s (“Aziz”) house. After the fire,…
In Hedglin v. Esch, No. A-17-039, (25 Neb. App. 306) the Court of Appeals of Nebraska looked at this issue. In May of 2016, Cassandra Hedglin (“Hedglin”) made a claim against the City of Hastings, Nebraska (“City”) for the personal injury, mental anguish, and humiliation…
In the case of Carmody v. Mikesell, No. 16-cv-02603-PAB-NYW, (D. Col., 2017) the Colorado District Court tackles this question. This case arises from a back injury sustained by Cathleen Carmody (“Carmody”) while detained at the Teller County Detention Center. Carmody alleges in 1999, she sustained…
The Supreme Court of Colorado took on this question in Walker v. Ford Motor Company, (2017 CO 102). Forrest Walker (“Walker”) was rear-ended while driving his 1998 Ford Explorer in Boulder, Colorado. Upon impact, Walker’s car accelerated forward and his car seat went backward. Walker…
