In Toll v. Moreno, 441 U.S. 458 (1979), the Supreme Court held that a state ...
Colorado Court of Appeals Court Cases
This action arose from an auto-pedestrian accident involving plaintiff, Joshua Brennan. Seeking additional personal injury protection (PIP) benefits under the Colorado Auto Accident Reparations Act, § 10-4-701 et seq., C.R.S.1997 (the No-Fault Act), Joshua's parents, plaintiffs Richard and Brenda Brennan, individually and on behalf of their son, filed suit against defendant, Farmers Alliance Mutual Insurance Company (Farmers). On cross-motions for summary judgment, the trial court dismissed [...]
Court: Colorado Court of Appeals Docket: 96CA1807
Plaintiff appeals a summary judgment entered for defendants, asserting that the trial court erred in concluding there was no legal basis for its claims for tortious interference with contractual relations and prospective business advantage and breach of fiduciary duty. We affirm in part and reverse in part.
Court: Colorado Court of Appeals Docket: 80CA1043
Hamilton v. Hardy (1976)This is a malpractice and products liability case. Plaintiff, Jnell M. Hamilton, alleged in her amended complaint that in April of 1967, defendant F. Wayne Hardy, M.D., prescribed for her the "pill" Ovulen as an oral contraceptive; that thereafter she began to experience increasing headaches, migraine in nature, that she again visited Dr. Hardy who, despite being advised of her complaints, assured her she should continue the use of Ovulen, that on or about March 23, 1968, she suffered a stroke, [...]
Court: Colorado Court of Appeals Docket: 74-109
In this insurance coverage dispute, defendant, Budget Rent-A-Car Systems, Inc. (Budget), appeals from the partial summary judgment entered in favor of plaintiffs, Carol Thompson, individually, and Scott Hageman, by and through his conservator and guardian, Carol Thompson. We affirm.
Court: Colorado Court of Appeals Docket: 95CA2185
Howe and Porter, P.C., Edwin A. Howe, II (brief only), Hansen and Holmes, P.C., Robert W. Hansen (oral argument), Denver, Banta, Hoyt, Banta, Greene, Hannen & Everall, P.C., Richard D. Greene, Englewood, for defendants-appellees.
Court: Colorado Court of Appeals Docket: 86CA0039
This is a products liability case involving a claim against Bendix-Westinghouse Automotive Air Brake Co. (Bendix) arising out of the failure of a brake pedal assembly produced by it. The assembly was installed as original equipment in a 1955 Mack Truck which was owned and operated by the third-party defendant, Christensen Brothers Trucking and Excavating Company (Christensen), from the time it was purchased until it was involved in an accident in 1969 as a result of which plaintiff Mary Jo [...]
Court: Colorado Court of Appeals Docket: 72-395
Plaintiff, Ned Pittman, brought this action against the defendants, Larson Distributing Company (the company) and its employees, John Larson and Robert Fitzsimmons, seeking damages arising out of the termination of his employment contract. The defendants' motion for a directed verdict at the close of the plaintiff's case was granted and the action was dismissed. Pittman argues on appeal that there was sufficient evidence concerning his claims for breach of contract, wrongful discharge, fraud, [...]
Court: Colorado Court of Appeals Docket: 84CA0239
Ferrera v. Nielsen (1990)
Plaintiff, Beverly K. Ferrera, appeals the summary judgment entered in favor of defendant, A.H. Nielsen Co., d/b/a Neodata Services, on her claim that she was wrongfully discharged from employment. We affirm.
Court: Colorado Court of Appeals Docket: 89CA1479
From a judgment entered in favor of defendants, Theodore J. Alpert, Leland J. Alpert, and Harvey B. Alpert (borrowers) and Uioli, Inc., on their counterclaims, plaintiff, Wells Fargo Realty Advisors Funding, Inc. (lender), appeals. We affirm in part and reverse in part.
Court: Colorado Court of Appeals Docket: 92CA1286
Plaintiff, Kenneth W. Lathrop, appeals from the summary judgment dismissing his claims for wrongful discharge against the defendant, Entenmann's, Inc. The district court entered its judgment because it concluded that all of the claims asserted by plaintiff were "pre-empted" by the provisions of § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982). Because we conclude that none of plaintiff's claims are pre-empted by this statute, and because there exist genuine issues of fact [...]
Court: Colorado Court of Appeals Docket: 87CA0876
People v. Bueno (1981)
Defendant, Pete Bueno, Jr., appeals his conviction by a jury on three counts of aggravated robbery under § 18-4-302, C.R. S.1973, and one count of mandatory sentence for commission of a violent crime under § 16-11-309, C.R.S.1973. We reverse.
Court: Colorado Court of Appeals Docket: 78-1084
Defendant, Tom Collins, appeals from the trial court judgment dismissing four of the claims for relief contained in his cross claim against defendant Western Auto Supply Company (Western Auto). We affirm in part and reverse in part.
Court: Colorado Court of Appeals Docket: 79CA0711
Nicholson v. Ash (1990)Plaintiff, R. James Nicholson, appeals from the judgment entered by the trial court under C.R.C.P. 54(b) dismissing his fourth, fifth, sixth, and seventh claims for relief. These claims sought recovery from defendants for their alleged breach of fiduciary obligations which plaintiff claims they owed to him. He asserts that the trial court erred in entering its judgment pursuant to C.R.C.P. 12(b) because the allegations of the fourth claim for relief were sufficient to assert that plaintiff and [...]
Court: Colorado Court of Appeals Docket: 89CA0459
Plaintiffs, Jardel Enterprises, Inc., Carlos De La Rosa, and Lawrence E. Jaro, (owners) appeal the summary judgment entered in favor of defendants, Tri-Consultants, Inc., James V. Laraby, James W. Rogers, and James R. Busse (subcontractors). We affirm.
Court: Colorado Court of Appeals Docket: 86CA0449
Plaintiff, Technical Computer Services, Inc. (TCSI), appeals from a judgment entered on a jury verdict in favor of defendant, James Buckley, on his counterclaim for abuse of process. Defendant cross-appeals the amount awarded to him pursuant to the jury's verdicts in his favor on his counterclaims for breach of contract, for compensation and penalty due upon his termination pursuant to § 8-4-101, et seq., C.R.S. (1986 Repl.Vol. 3B) (Wage Act), and for damages on his claim of abuse of process. [...]
Court: Colorado Court of Appeals Docket: 90CA1932
Plaintiff, Thomas V. Holland, appeals from the trial court's C.R.C.P. 12(b)(5) dismissal of certain claims and from its later summary judgment dismissing his remaining claims in favor of defendants, Board of County Commissioners of Douglas County (Commissioners), Suzy McDanal, James Sullivan, and R.A. Christensen, as members of the Board, and Michael Maag, individually, and as County Manager of Douglas County. We affirm in part, reverse in part, and remand for further proceedings.
Court: Colorado Court of Appeals Docket: 93CA0197
Stauffer v. Karabin (1971)
Plaintiff, in her complaint for damages, charged defendant, a physician, with malpractice as a result of his alleged negligent diagnosis and surgery, and she further alleged that he failed to obtain her informed consent to the treatment he administered to correct her physical difficulties. She now appeals from a judgment in favor of defendant, following a jury verdict.
Court: Colorado Court of Appeals Docket: 70-561
Plaintiffs, Vern and Mary Colard, appeal from the summary judgment for defendant, American Family Mutual Insurance Company (American), premised on the trial court's ruling that American's insurance policy did not cover plaintiffs' property damage caused by third-party defendant's (Thone) poor workmanship. On cross-appeal American contends that the trial court erred by denying its motion for judgment on the pleadings, by holding that plaintiffs had legal standing to institute the declaratory [...]
Court: Colorado Court of Appeals Docket: 83CA0982
People v. Shreck (2004)
Defendant, Michael Shreck, appeals the judgments of conviction entered upon jury verdicts finding him guilty of one count of second degree kidnapping and two counts of sexual assault. He also appeals his habitual offender adjudication. We affirm.
Court: Colorado Court of Appeals Docket: 02CA1413
In this products liability case, plaintiff, A. Joe Downing, as father and guardian of minor Jonlon Downing, sought to recover from defendant, Overhead Door Corporation, a manufacturer of garage doors, for Jonlon's injuries which resulted when Jonlon was pinned underneath a garage door manufactured by defendant. Plaintiff appeals the judgment entered upon a jury verdict in favor of defendant, contending that the trial court erred (1) in excluding an insurance adjuster's report pertaining to [...]
Court: Colorado Court of Appeals Docket: 83CA0171