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| Bourgeron v. City & County of Denver, Court of Appeals No. 05CA0780,
COURT OF APPEALS OF COLORADO, DIVISION SIX, September 7, 2006, Decided
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Overview: Where city personnel director waived education requirement for an employee to apply for management position, career service board's sessions determining whether director exceeded his authority were administrative and employee was not entitled to judicial review of the board's action under Colo. R. Civ. P. 106(a)(4).
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| Bunch v. Indus. Claim Appeals Office, Court of Appeals No. 05CA2328,
COURT OF APPEALS OF COLORADO, DIVISION ONE, September 7, 2006, Decided
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Overview: Decision of the Colorado Workers' Compensation Panel that denied the claimant's request for medical benefits for treatment received by the deceased was affirmed because Colo. Rev. Stat. § 8-43-404(5) precluded recovery of medical benefits when the employer did not have an opportunity to appoint the treating physician for the deceased.
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| Dewhurst v. Indus. Claim Appeals Office , Court of Appeals No. 06CA0118,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 7, 2006, Decided
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Overview: Unemployment Panel erred by treating claimant's interstate job transfer as a separation from her Montana employer and disqualifying her from unemployment benefits based on Montana wages under Colo. Rev. Stat. § 8-73-108(5)(e)(IV) because she was eligible for benefits and filed a combined wage claim; thus Montana wages should have been considered.
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| In the Interest of F.A.G., Court of Appeals No. 05CA1843,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 7, 2006, Decided
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Overview: Because a father's motion to modify parenting time was the first such motion to be filed after the entry of permanent orders in the parties' Texas divorce decree, the time bar in Colo. Rev. Stat. § 14-10-129(1.5) did not apply, and the trial court erred in ruling otherwise.
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| Kahland v. Villarreal, Court of Appeals No. 05CA1474,
COURT OF APPEALS OF COLORADO, DIVISION SIX, September 7, 2006, Decided
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Overview: Appellate court dismissed a driver's claims against a city and its employee for negligent entrustment and negligent hiring as those claims were barred by the Colorado Governmental Immunity Act (CGIA), Colo. Rev. Stat. § 24-10-101 et seq., and did not fall within the waiver of immunity set forth in Colo. Rev. Stat. § 24-10-106(1)(a).
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| Kennedy v. King Soopers, Inc., Court of Appeals No. 05CA1066,
COURT OF APPEALS OF COLORADO, DIVISION THREE, September 7, 2006, Decided
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Overview: An award of costs and fees was mandatory under Colo. Rev. Stat. § 13-17-201 in a case where an employee contended that a supervisor tortiously interfered with an employment relationship because the tort actions alleged in the complaint were dispositive, and whether federal statutes authorized attorney fees in certain cases was irrelevant.
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| McKenna v. Oliver, Court of Appeals No. 05CA0298,
COURT OF APPEALS OF COLORADO, DIVISION TWO, September 7, 2006, Decided
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Overview: Assignee lacked standing to bring the claims under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227(b), and Colorado Consumer Protection Act (CCPA), Colo. Rev. Stat. § 6-1-702, as such claims were claims that stemmed from privacy claims and a cause of action for the invasion of privacy was not assignable.
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| People v. Al-Yousif, Court of Appeals No.: 04CA0320,
COURT OF APPEALS OF COLORADO, DIVISION TWO, September 7, 2006, Decided
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Overview: Court erred in instructing the jury on class three felony theft by receiving, Colo. Rev. Stat. § 18-4-410, because defendant was originally charged with a class four felony, but as a result of the People's tendered lesser nonincluded offense, he ultimately was convicted of a higher offense, namely the class three felony of theft by receiving.
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| People v. Elie, Court of Appeals No.: 04CA0940,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 7, 2006, Decided
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Overview: Defendant was convicted of attempted murder, assault, and felony menacing. Trial court did not err in admitting victim's prior consistent statement because it was proper for jury to consider all of victim's statements; however, imposition of aggravated sentence for felony menacing was plain error that impinged on fundamental fairness.
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