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| Carlson v. Ferris, Court of Appeals No. 00CA2347,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 28, 2002, Decided
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Overview: Award to driver for injuries sustained in a motor vehicle accident was reversed and remanded, where driver was required to fasten all safety belts included in the vehicle's safety belt system in order to defeat a claim of failure to mitigate.
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| Colo. Springs Disposal v. Indus. Claim Appeals Office, Court of Appeals No. 01CA0464,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 28, 2002, Decided
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Overview: Award of TTD benefits was affirmed when the termination statutes were inapplicable, as employee, by driving carelessly, was not responsible within the meaning of those statutes for his termination.
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| Daugherty v. Allstate Ins. Co., Court of Appeals No. 01CA0130,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 28, 2002, Decided
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Overview: Bad faith claim based on insurer's duty to defend had to be filed within two years after a suit against insured was filed in December 1996; because insured's claim was not filed until July 2000, this part of the bad faith claim was time barred.
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| Fazio v. State Farm Mut. Auto. Ins. Co., Court of Appeals No. 01CA0601,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 28, 2002, Decided
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Overview: Court did not err in granting insurer's motion for summary judgment, where court found that motorcycle driver was not entitled to an offer of enhanced PIP benefits, where he was not entitled to even minimum PIP coverage.
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| In re Marriage of Atencio, Court of Appeals No. 01CA0347,
COURT OF APPEALS OF COLORADO, DIVISION TWO, March 28, 2002, Decided
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Overview: Orders of child support and arrearages were reversed and remanded when income should not be imputed solely based on the fact that the father's employment was terminated for drug use.
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| People ex rel. J.R.T., Court of Appeals No. 00CA1892,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 28, 2002, Decided
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Overview: Court erred in finding that father was voluntarily underemployed for child support obligation simply because he was fired as a result of his own misconduct, where court should have considered father's attempts to obtain employment.
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| People v. Mata, Court of Appeals No. 00CA0923,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 28, 2002, Decided
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Overview: Where defendant was convicted of sexual assault, defense counsel was not ineffective since there was no conflict of interest created by counsel's traffic charges, and it was not error to admit prior sexual assaults by defendant on another victim.
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| People v. White, Court of Appeals No. 00CA2028,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 28, 2002, Decided
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Overview: Court did not err in allowing testimony regarding a second gun found at defendant's residence in his prosecution for illegal discharge of firearm, as the evidence was not overly prejudicial to the defense.
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| White v. Pierson-Andersen (In re Estate of Heyn), Court of Appeals No. 01CA0545,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 28, 2002, Decided
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Overview: A donor's check was not a completed gift until it was accepted by the donor's bank prior to his death.
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