Colorado, April, 2003, State Case law

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State Courts - Colorado - April 10, 2003

Hall v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 01CA1570, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 10, 2003, Decided
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Overview: Medical utilization review panel properly relied on the workers' compensation medical treatment guidelines to determine that his medical care of the claimant was not reasonably appropriate, and provider had no liberty interest in the proceeding.

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Henderson v. Master Klean Janitorial, Inc., Court of Appeals No. 02CA0637, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 10, 2003, Decided
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Overview: Janitorial service did not breach duty of care owed to injured party, employee of party that hired service, where evidence showed that janitorial service's employee immediately retrieved mop and reported to alleged spill upon notification of spill.

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Hoang v. Arbess, Court of Appeals No. 02CA0417, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 10, 2003, Decided
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Overview: The dismissal of the claims against the builder's manager in a construction defect case was improper where the manager approved of, directed, actively participated in, or cooperated in the negligent conduct.

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Martinez v. Gutierrez-Martinez, Court of Appeals No. 02CA0559, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 10, 2003, Decided
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Overview: Trial court correctly excluded the wife's sister's home as an asset of the marital estate because the wife took title to the property under circumstances that gave rise to a resulting trust, and the trust property was not part of the marital estate.

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People in Interest of M.B., Court of Appeals No. 01CA2451, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 10, 2003, Decided
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Overview: In action to terminate mother's parental rights, mother was not denied right to due process, where she was given reasonable opportunity to be heard on issues affecting parental rights and was advised of legal and constitutional rights before hearing.

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People v. Allee, Court of Appeals No. 01CA2240, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 10, 2003, Decided
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Overview: Although the identification of defendant as the victim's assailant was not necessary for diagnosis or treatment, as the testimony was essentially cumulative, any error in admitting the statements was harmless.

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People v. Robbins, Court of Appeals No. 01CA0927, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 10, 2003, Decided
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Overview: The doctrine of laches was applicable to persons, such as defendant, convicted of class one felonies. The record supported the trial court's finding that defendant's delay of over 35 years in bringing a postconviction motion was unconscionable.

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Quinn v. Castle Park Ranch Prop. Owners Ass'n, Court of Appeals No. 02CA0942, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 10, 2003, Decided
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Overview: Trial court erred in ruling that property owners association was authorized to impose special assessment on plaintiffs' property; language of original declaration limited association's authority to impose assessments for annual common expenses.

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Stearns Mgmt. Co. v. Mo. River Servs., Court of Appeals No. 01CA2166, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 10, 2003, Decided
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Overview: The order denying the request for attorney fees was vacated and reversed for findings of fact that would permit meaningful appellate review of its disposition of the motion.

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Steele v. Law, Court of Appeals No. 02CA0064, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 10, 2003, Decided
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Overview: The trial court did not err in denying the victim's motion for new trial on damages, as the jury's failure to award any economic damages or any noneconomic damages reflected neither arbitrary action nor a disregard of the evidence.

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