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   State Courts - Colorado - March 5, 2009

  
Briggs v. Am. Nat'l Prop. & Cas. Co., Court of Appeals No. 07CA2217, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 5, 2009, Decided
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Overview: Summary judgment in favor of the insurer was reversed and remanded, because the use of the owned-but-not-insured exclusion could have been materially misleading, and the insured might not have had the opportunity to make an informed decision about whether and how to purchase uninsured/underinsured motorist coverage.

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DeHerrera v. Am. Family Mut. Ins. Co., Court of Appeals No. 08CA0301, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 5, 2009, Decided
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Overview: Summary judgment in favor of the insurer was affirmed, because the subrogation clause contained in the insurance contract was unambiguous, and the insurer was entitled to recover the $ 5,000 in medical expenses that it paid to medical providers on behalf of the insured from the proceeds of the settlement.

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Dotson v. Bernstein, Court of Appeals No. 08CA0020, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 5, 2009, Decided
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Overview: The dismissal of a patient's action against a doctor alleging negligent medical treatment causing injuries resulting from a pregnancy was improper because she stated a valid claim for the negligent failure to terminate her pregnancy. The complaint alleged that, as a result of giving birth, she suffered damages, including medical expenses.

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Gatrell v. Kurtz, Court of Appeals No. 08CA0766, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 5, 2009, Decided
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Overview: An inmate failed to establish any right to mandamus relief under Colo. R. Civ. P. 106(a)(2) because defendants were authorized by Colo. Rev. Stat. § 17-1-203(1)(c) (2008) to exercise their discretion in removing the inmate from the general prison population prior to the final resolution of his disciplinary hearing.

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Grear v. Mulvihill, Court of Appeals No. 08CA0946, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 5, 2009, Decided
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Overview: Trial court erred in dismissing plaintiffs' quiet title and spurious lien claim without considering their amended complaint because defendant's motion to dismiss was not a "responsive pleading" within the meaning of Colo. R. Civ. P. 15(a) and therefore, did not terminate plaintiffs' right to amend as a matter of course.

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Harris Group v. Robinson, Court of Appeals No. 07CA1803, COURT OF APPEALS OF COLORADO, DIVISION SIX, March 5, 2009, Decided
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Overview: The trial court improperly calculated the award of prejudgment interest to a company under Colo. Rev. Stat. § 5-12-102 because it awarded prejudgment interest on both past and future damages; the trial court was required to award prejudgment interest only on the damages that were incurred before judgment was entered.

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J.A.V. v. R.S.F., Court of Appeals No. 07CA2169, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 5, 2009, Decided
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Overview: A finding that a father abandoned his daughter and the granting of the stepfather's petition for a stepparent adoption was improper under Colo. Rev. Stat. § 19-5-203(1)(d)(II) because, while he could have taken other steps, a determination of abandonment was precluded by the efforts he made in the parental responsibilities case.

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Kelly v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 07CA0970, COURT OF APPEALS OF COLORADO, DIVISION SEVEN, March 5, 2009, Decided
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Overview: Workers' compensation benefits were properly denied to a claimant, who contended that the quasi-course of employment doctrine encompassed his travel to a medical appointment to treat an industrial injury, because there was substantial evidence that the claimant had deviated from the shortest route and had not gotten authorization from the employer.

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Miller v. Brannon, Court of Appeals No. 08CA0581, COURT OF APPEALS OF COLORADO, DIVISION SIX, March 5, 2009, Decided
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Overview: In a negligence case, a district court erred by giving a jury instruction on former Colo. Rev. Stat. § 10-4-713(1) because it had been repealed; the repeal was presumed to be prospective in nature, and a driver had no vested right to assert that § 10-4-713(1) applied to reduce an injured party's recovery for lost earnings.

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People v. Brunsting, Court of Appeals No. 05CA2776, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 5, 2009, Decided
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Overview: Exigent circumstances did not support the officer's entry into the back yard, and therefore methamphetamine evidence that officer through the window of the house should have been suppressed, because there was no evidence that anyone inside the house was in danger or that the allegedly stolen vehicle was in danger of destruction.

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