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| Andersen v. Lindenbaum, Case No. 05SC774,
SUPREME COURT OF COLORADO, May 29, 2007, Decided
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Overview: In medical malpractice action, a trial court erred in discrediting as a sham patient's affidavit and granting summary judgment to doctor. It was plausible, as claimed by patient, that she made a typographical error in a letter to doctor that provided a contradictory date of when patient learned of a second treatment option that he doctor withheld.
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| DOT of Colo. v. Marilyn Hickey Ministries, Case No. 05SC816,
SUPREME COURT OF COLORADO, May 29, 2007, Decided
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Overview: Under Colo. Const. art. II, § 15, and applicable case law, the owner of remainder property resulting from a partial taking alongside a transit corridor was unable to seek compensation for the loss of passing motorists' views of the remainder property caused by a wall built on the condemned portion of land.
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| Ingold v. AIMCO/Bluffs, L.L.C., Case No. 06SA240,
SUPREME COURT OF COLORADO, May 29, 2007, Decided
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Overview: With the exception of a claim under the Wrongful Withholding of Security Deposits Act, Colo. Rev. Stat. § 38-12-101 et seq. (2006), that could not be waived, the tenants' fraudulent inducement and other claims against the landlord were subject to arbitration under an apartment lease. The intertwining doctrine was rejected.
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| J.A. Walker Co., Inc. v. Cambria Corp., Case No. 06SA272,
SUPREME COURT OF COLORADO, May 29, 2007, Decided
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Overview: Under Colo. Rev. Stat. § 13-22-206 (2006), fraudulent inducement allegations directed to the arbitration clause itself were to be decided by the trial court, while allegations challenging the validity of the contract as a whole were to be decided by the arbitrator. A trial court was to summarily decide a subcontractor's fraudulent inducement claim.
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| Moody v. People, Case No. 05SC479,
SUPREME COURT OF COLORADO, May 29, 2007, Decided
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Overview: State appellate court's decision rejecting petitioner's claim that evidence obtained pursuant to search should have been suppressed, on the basis of lack of standing, was reversed. The court could conduct a sua sponte inquiry into petitioner's standing, but should have limited its review to the record at the suppression hearing.
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