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| Alberico v. Health Mgmt. Sys., No. 99CA0800,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: State was creditor at the time patient's home was transferred to intervivos trust, so transfer was invalid and title remained in patient for whom benefits were paid, so liens to secure Medicaid reimbursement were valid.
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| Bohrer v. Church Mut. Ins. Co., No. 99CA1224,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: Plaintiff who successfully sued minister for engaging in sexual conduct with her during counseling could not recover post-judgment interest from his insurer for punitive damages, or for compensatory damages not covered by policy.
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| Colorado Compensation Ins. Auth. v. Industrial Claim Appeals Office, No. 99CA1624,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: When petitioners admitted liability for a closed period of temporary disability benefits, the date listed to terminate benefits had to conform to one or more statutory grounds and be properly documented.
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| Dynasty, Inc. v. Winter Park Assocs., No. 99CA1068,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: Since plaintiff's treasurer's deed purporting to grant title to the surface estate had been recorded for the statutory seven-year period, title to the surface estate was in the plaintiff.
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| Jaffe v. City & County of Denver, No. 98CA1960,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: Dismissal of state tort claims and equal protection claims brought by golfer who was struck by lightning on city-owned course was affirmed, but award of attorney fees was reversed. City did not create a dangerous condition.
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| National Propane Corp. v. Miller, No. 99CA0149,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 22, 2000, Decided
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Overview: Agreement's plain language barred appellee from doing any work for a competitor, directly or indirectly, in any manner whatsoever; thus, start-up work he performed constituted a material breach of the noncompetition covenant.
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| People v. Peay, No. 98CA1718,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: Evidence did not support impersonation conviction; defendant's use of false name and birth date was one act, and an additional act to benefit himself was required. Spitting on person was physical contact for harassment conviction.
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| People v. Stewart, No. 98CA0838,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: A conviction for reckless second degree assault was reversed where there was no rational basis for the disparity between the sanction for that crime and that for reckless vehicular assault.
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| Polk v. Hergert Land & Cattle Co., No. 99CA1298,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 22, 2000, Decided
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Overview: Acts were alleged to have occurred within the statute of limitations period, and if true, constituted a breach of appellees' fiduciary duty. Since disputed issues of material fact existed, summary judgment was improper.
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| Shearton Serv. Corp. v. Johnson, No. 99CA0577,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 22, 2000, Decided
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Overview: When plaintiff's judgment lien attached to husband's interest in real property, the judgment lien was senior to wife's claim to a portion of defendant's interest in property. Judgment lien should not have been removed.
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