Colorado, April, 2006, State Case law

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State Courts - Colorado - April 6, 2006

BFN-Greeley, LLC v. Adair Group, Inc., Court of Appeals No. 04CA1824, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: Where a construction contract contained a provision allowing arbitrators to decide any claim arising from the contract, their authority was not exceeded under Colo. Rev. Stat. ? 13-22-223(1)(d) (2005) when post-construction issues were decided; moreover, they had the authority to issue both an interim award and a final award.

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Castillo v. Chief Alternative, LLC, Court of Appeals No. 04CA2306, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: Sanctions based on alleged spoliation under Colo. R. Civ. P. 37 were denied in a premises liability case because the apparatus that caused an injury was kept for over a year, the injured party did not indicate that a lawsuit was imminent, she did not ask to see the items, and discarding the items when a business closed was not a willful act.

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E-470 Pub. Highway Auth. v. Revenig, Court of Appeals No. 04CA2396, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: When landowners sought attorney fees and costs against highway authority following second appeal that challenged constitutionality of Colo. Rev. Stat. ? 38-1-114(2)(d), landowners were not entitled to fees and costs because, under Colo. Rev. Stat. ? 43-4-506(1)(h)(II)(B), landowners did not need to raise second appeal to reach required result.

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In re the Marriage of Warkocz, Court of Appeals No.: 04CA2031, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: Although a trial court was precluded from dividing a veteran's disability retirement pay under 10 U.S.C.S. ? 1408, Colorado courts were not required to completely ignore the economic consequences of a decision to waive retirement pay in order to receive disability.

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Loar v. State Farm Mut. Auto. Ins. Co., Court of Appeals No.: 04CA2511, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 6, 2006, Decided
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Overview: Summary judgment was improperly granted to an insurer in a dispute over UM/UIM motorist coverage because the one-time duty to inform insureds about the potential for increased coverage applied even when only the minimum liability coverage was selected; however, enhanced limits were not available unless liability limits were raised.

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Nordin v. Madden, Court of Appeals No.: 04CA2004, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: Where a lease agreement surrendered possession of leased property so as to share control with a landlord, and the landlord reserved power to direct repairs on the premises, summary judgment was improperly granted in a premises liability case on the finding that the landlord was not a "landowner" under Colo. Rev. Stat. ? 13-21-115(1) (2005).

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People ex rel. M.W., Court of Appeals No.: 05CA0364, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 6, 2006, Decided
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Overview: Mother's appeal of judgment adjudicating her child dependent or neglected was dismissed as neglect proceedings were temporary and were not subject to appeal, and review had to be taken pursuant to Colo. App. R. 21. Mother's expert testimony was properly excluded under Colo. R. Evid. 702 as it would have misled jury and confused issues.

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People v. Nunn, Court of Appeals No. 03CA0939, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 6, 2006, Decided
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Overview: Habitual criminal sentence was affirmed because the factual determinations made by the trial court did not deprive defendant of his constitutional rights, when the fact that defendant was convicted of more than three prior felonies could be definitively established based on the judicial records introduced at the habitual criminal trial.

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People v. Torres, Court of Appeals No. 04CA0511, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 6, 2006, Decided
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Overview: In a case alleging assault and kidnapping, a trial court did not err by admitting a prior act of domestic violence under Colo. Rev. Stat. ? 18-6-801.5 (2005) because it was relevant to show an intent to harm the victim; the absence of a limiting instruction did not result in plain error because the minor incident was not likely to cause prejudice.

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