Colorado, February, 2002, State Case law

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State Courts - Colorado - February 28, 2002

Carson v. PaineWebber, Court of Appeals No. 01CA0489, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 28, 2002, Decided
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Overview: Court did not err in affirming arbitration award, where defendant did not supply discovery as requested, because arbitration rules did not permit document discovery by a party, and plaintiff did not show prejudice.

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City of Englewood v. Denver Waste Transfer, L.L.C., Court of Appeals No. 01CA0698, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 28, 2002, Decided
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Overview: Court did not err in admitting evidence of city's opposition to permitting process in eminent domain proceeding against condemnee, where permitting process was relevant to property valuation issue.

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Collins v. Colo. Mt. College, Court of Appeals No. 00CA2147, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 28, 2002, Decided
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Overview: Where temporary adjunct professor's position was at-will, she had no cause of action for her termination, and employer's policy manual's grievance procedures did not provide her with cause of action.

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Colo. Dep't of Revenue v. Garner, Court of Appeals No. 01CA0259, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 28, 2002, Decided
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Overview: Driver's license was properly reinstated, where the charge upon which his license had been revoked was dismissed, and therefore, he was not convicted of any driving offenses while his previous revocation was in effect.

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Cordova v. Indus. Claim Appeals Office, Court of Appeals No. 01CA0852, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 28, 2002, Decided
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Overview: Original MMI determination could not be questioned in workers' compensation case, therefore opinion of a DIME physician as to whether employee's condition worsened carried no special weight.

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Cyprus Amax Minerals Co. v. Lexington Ins. Co., Court of Appeals No. 01CA0208, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 28, 2002, Decided
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Overview: Expert testimony regarding issue of whether insurers' policies provided coverage to the insured in defense of suit did not create fact issue in insured's indemnification suit against insurer.

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Fielder v. Acad. Riding Stables, Court of Appeals No. 00CA2168, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 28, 2002, Decided
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Overview: Equine immunity did not bar injured plaintiff's suit where stable had continuing duty to ensure a suitable match between horse and rider, and where child began screaming, child was not removed from horse, and horse bolted, injuring plaintiff.

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Leiting v. Mutha, Court of Appeals No. 00CA2227, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 28, 2002, Decided
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Overview: Admission of ALJ's decision regarding social security benefits was prejudicial error when introduced at plaintiff's personal injury trial, because the decision was not supported by other evidence at trial, and therefore prejudiced defendant.

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People v. Ramos, Court of Appeals No. 00CA0675, COURT OF APPEALS OF COLORADO, DIVISION A, February 28, 2002, Decided
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Overview: Court did not err in sentencing defendant to maximum statutory sentence, where court considered defendant's prior felony record, his multiple misdemeanor convictions, and failure to complete previous sentences to probation.

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People v. Scialabba, Court of Appeals No. 00CA0472, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 28, 2002, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction for violation of a restraining order, where he wrote letter to victim, and evidence showed he knew he was under a restraining order at time he contacted her.

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