Colorado, July, 2003, State Case law

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State Courts - Colorado - July 31 - August 6, 2003

Dee Enters. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA2040, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 31, 2003, Decided
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Overview: Provisions of the Workers' Compensation Act conferring jurisdiction on ALJs to hear workers' compensation cases and providing the Industrial Claim Appeals Office with jurisdiction to review the ALJs' orders did not violate the Colorado Constitution.

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In re Marriage of Mohrlang, Court of Appeals No. 02CA0360, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 31, 2003, Decided
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Overview: A marital dissolution action was remanded to the trial court to reconsider whether the value of the husband's trust interest in stock should have been discounted because of the delay in husband's receiving his interest.

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Larry H. Miller Corp.-Denver v. Bd. of County Comm'rs, Court of Appeals No. 02CA0545, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 31, 2003, Decided
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Overview: Where revised off-ramp caused flooding, assuming structure was a water or sanitation facility under the Colorado Governmental Immunity Act, county was required to exercise reasonable care to correct condition, and matter was remanded on that issue.

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Major Med. Ins. Fund v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 02CA1846, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 31, 2003, Decided
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Overview: Claimant's failure to seek review of 1994 order denying benefits for prescriptions did not close the claim, and statute of limitations on reopening was not applicable. Panel correctly determined that the MMIF was liable for cost of the prescriptions.

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People v. Howard, Court of Appeals No. 01CA2465, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 31, 2003, Decided
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Overview: In defendant's criminal prosecution for biting one victim and striking another, the trial court erred by failing to merge the jury's finding of guilt for both second- and third- degree assault of the biting victim.

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Pfantz v. Kmart Corp., Court of Appeals No. 01CA0388, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 31, 2003, Decided
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Overview: In a personal injury suit, the court properly imposed sanctions against a department store for pretrial destruction of the bench where the accident occurred. The court refused to set aside the jury's award of future medical expenses to the plaintiff.

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The Brickman Group, Ltd. v. Compass Bank, Court of Appeals No. 02CA1645, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 31, 2003, Decided
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Overview: A finding against the claimant in an action to foreclose a mechanic's lien was improper, where a blanket lien that omitted property that benefitted from the mechanic's materials and work was valid against the property included in the lien statement.

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Verrier v. Colo. Dep't of Corr., Court of Appeals Nos. 01CA1803 & 01CA2306, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 31, 2003, Decided
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Overview: Inmate who filed a civil complaint against officials of the Colorado Department of Corrections after he was denied earned time credit for his participation in two inmate vocational programs failed to state a claim.

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People v. Andrews, No. 02PDJ097, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 6, 2003, Decided
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People v. Andrews, 02PDJ097, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 6, 2003, Decided
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Overview: An attorney committed misconduct, where a client paid the attorney a retainer, the attorney did not maintain a trust account, deposited the retainer into her personal account, and did not refund the unearned portion of the retainer.

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