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   State Courts - Colorado - January 2, 2003

  
Bolejack v. Travelers Ins. Co., Court of Appeals No. 01CA2291, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 2, 2003, Decided
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Overview: Summary judgment was properly granted to garnishee, murderer's insurer, in victim's heirs' action to collect judgment under murderer's homeowners policy, because policy contained exclusion for bodily injury arising out of business activities.

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Davison v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 02CA0922, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 2, 2003, Decided
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Overview: Workers' compensation claim based on suicide of police captain due to depression was denied, as wife did not show captain suffered traumatic event. Requirement for medical proof related to both parts of definition of mental impairment.

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E.I. Du Pont de Nemours & Co. v. Douglas County Bd. of Equalization, Court of Appeals No. 02CA0308, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 2, 2003, Decided
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Overview: Board of Assessment Appeals did not err in deducting remediation costs required to comply with state ordered cleanup of contaminated property to determine property's ad valorem tax value. Method produced the most fair and equitable assessment.

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Larry H. Miller Corporation-Denver v. Urban Drainage & Flood Control Dist., Court of Appeals No. 01CA2268, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 2, 2003, Decided
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Overview: The Urban Drainage and Flood Control District had no statutory or common law duty to acquire property or drainage systems; alleged failure of the district to decrease the flooding risk was not the exercise of its powers, duties, and functions.

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Morrison v. Goff, Court of Appeals No. 01CA1565, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 2, 2003, Decided
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Overview: Where an attorney's client discovered his cause of action for legal malpractice more than two years before he commenced the suit, the statute of limitations was not tolled while the client sought postconviction relief in his criminal case.

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People v. Smith, Court of Appeals No. 01CA0548, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 2, 2003, Decided
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Overview: Defendant's conviction of felony escape was affirmed where, inter alia, he was not liable for a parole violation, rather than felony escape, because defendant was charged with escape from an intensive supervision program.

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Pham v. State Farm Mut. Auto. Ins. Co., Court of Appeals No. 01CA1965, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 2, 2003, Decided
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Overview: After partial summary judgment was granted in a bad faith case, a trial court did not err in certifying the decision as final, as the claims were independent, the dismissal constituted a final disposition, and there was no reason for a delay.

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Price Mine Serv. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA0375, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 2, 2003, Decided
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Overview: Injuries suffered by an employee while returning from authorized medical treatment for an industrial injury were a compensable consequence of the original injury under quasi-course of employment rule. Original insurer was liable on new claim.

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Wallbank v. Rothenberg, Court of Appeals No. 01CA1949, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 2, 2003, Decided
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Overview: Allowing experts to testify about their own practices and standard of care was proper. One million dollar limit on damages for physical impairment and disfigurement had to be applied. Evidence did not support award for future medical expenses.

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Williams v. Boyle, Court of Appeals No. 02CA0037, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 2, 2003, Decided
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Overview: In an action for, inter alia, medical malpractice, the trial court properly dismissed all of a patient's claims against a doctor, including the patient's defamation claim, because of the patient's failure to file a certificate of review.

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