Colorado, May, 2007, State Case law

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State Courts - Colorado - May 3, 2007

Anglum v. USAA Cas. Ins. Co., Court of Appeals No. 04CA0239, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Clients' appeal from an attorney fees award to an insurer and against the clients' attorneys was dismissed for lack of jurisdiction as the attorney fees were not awarded jointly and severally; thus, the clients were not the real parties in interest and lacked standing.

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Calhan Chamber of Commerce v. Town of Calhan, Court of Appeals No. 05CA2035, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: A town was entitled to summary judgment in a quiet title action because title to the land, which was once part of a railroad company's right-of-way, automatically vested in the town pursuant to the Railroad Right of Way Abandonment Act upon a federal court's decree of the railroad company's abandonment; equitable estoppel and laches did not apply.

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Colo. Ins. Guar. Ass'n v. Menor, Court of Appeals No. 05CA2483, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 3, 2007, Decided
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Overview: Trial court erred in dismissing the Colorado Insurance Guaranty Association's (CIGA) complaint under Colo. R. Civ. P. 12(b)(1) to modify an employee's workers' compensation benefits and because the trial court had subject matter jurisdiction to determine the amount of the CIGA's claimed offset, if any, under Colo. Rev. Stat. ? 10-4-512(1).

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Fera v. Indus. Claim Appeals Office of Colo., Court of Appeals No.06CA1549, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: In workers' compensation action, ALJ improperly granted summary judgment to employer on the issue of penalties for delaying and denying authorization for additional medical treatment under Colo. Rev. Stat. ?? 8-43-304, -305. Contradictory medical reports about whether additional treatment related to a pre-existing condition created genuine dispute.

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Frazier v. Carter, Court of Appeals No. 05CA2639, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 3, 2007, Decided
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Overview: In a Colo. R. Civ. P. 106(a)(4) action seeking review of a prison disciplinary action, inmate was allowed to amend complaint because he failed to name Colorado Department of Corrections (DOC) as a party, and it was determined that DOC was indispensable. Trial court was also directed to consider how costs of certifying record should be handled.

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Lanphier v. Dep't of Pub. Health & Env't, Court of Appeals No. 05CA1960, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 3, 2007, Decided
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Overview: Where a former employee's discrimination claim was denied, her appeal of the initial decision to the Colorado State Personnel Board was properly dismissed because she did not file exceptions, as required by Colo. Rev. Stat. ? 24-4-105(14)(a)(II), and her notice of appeal and motion for an extension of time were filed untimely.

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Parker v. USSA, Court of Appeals Nos. 05CA2361 & 05CA2569, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Because insured's UIM claim was for damages that resulted from a personal injury tort, a trial court correctly awarded pretrial interest pursuant to Colo. Rev. Stat. ? 13-21-101, as directed by Colo. Rev. Stat. ? 13-21-102, but when the insured accepted a partial pretrial settlement without reservation, he was not entitled to interest on that sum.

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People v. Garcia, Court of Appeals No. 04CA2240, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Court erred by admitting statements defendant made during the course of plea negotiations because defendant detrimentally relied on the government's implied promise that polygraph statements would be subject to Colo. R. Evid. 410, and as a result he made admissions that the prosecutor used against him at trial after plea negotiations failed.

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People v. Madison, Court of Appeals No. 04CA2427, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 3, 2007, Decided
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Overview: Evidence was sufficient to sustain a second degree assault charge, Colo. Rev. Stat. ? 18-3-203, because defendant had medical training, allowing him to recognize his father's serious condition, and the father was bedridden without a change of clothing or appropriate hygiene, allowing open sores to develop and bodily waste to intrude on the wounds.

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People v. McGlotten, Court of Appeals No.: 02CA1014, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Defendant was entitled to a new trial because defendant had be prejudiced by appellate delay, when the five-year delay was clearly excessive and inordinate, delays in the preparation of transcripts were generally attributable to the government, and it was no longer possible to obtain a reliable answer to the factual questions presented.

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