Colorado, August, 2005, State Case law

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State Courts - Colorado - August 11, 2005

Abromeit v. Denver Career Serv. Bd., Court of Appeals No. 04CA0653, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 11, 2005, Decided
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Overview: Denver Career Service Authority Board's conclusion that amended Career Services Rules 19-10 and 7-66 removed appeal process for classifications from jurisdictions of the Hearings Officer was proper; retroactive application of the amended rules did not affect the employees' vested rights, and therefore it did not violate Colo. Const. art. II, ? 11.

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Andrade v. Indus. Claim Appeals Office , Court of Appeals No. 04CA1691, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 11, 2005, Decided
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Overview: ALJ did not improperly rely on the division-sponsored independent medical examination (DIME) physician's change of opinion after viewing a surveillance video that was not provided to the physician at the time of the DIME examination as Colo. Rev. Stat. ? 8-42-107(8)(c) (2004) allowed any subsequent opinion given by the physician.

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Berg v. Indus. Claim Appeals Office , Court of Appeals No. 04CA1130, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 11, 2005, Decided
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Overview: Order denying the claimant's petition to reopen the workers' compensation case was set aside and remanded because although the claimant disagreed with the maximum medical improvement finding and the course of treatment to that point, it was not until after his surgery that the true extent of his herniated disc became known.

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Duhon v. Nelson, Court of Appeals No.: 03CA2342, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 11, 2005, Decided
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Overview: A finding against the owners and manager and in favor of the tenant was proper where the record reflected that the tenant continued to pay the rent due on the lot, Colo. Rev. Stat. ? 38-12-204(2) (2004). Because convenience, expedition, or economy would not be disserved by a single trial, the trial court did not err in denying severance.

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E-470 Pub. Highway Auth. v. Kortum Inv. Co., LLLP, Court of Appeals No. 04CA1262, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 11, 2005, Decided
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Overview: Order awarding the landowners only part of the requested attorney fees in the eminent domain proceeding was vacated and remanded because the landowners were entitled to their reasonable attorney fees incurred subsequent to the "new last written offer," by the public highway authority, Colo. Rev. Stat. ? 43-4-506(1)(h)(II)(B) (2004).

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In re Marriage of Mockelmann, Court of Appeals No. 04CA0760, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 11, 2005, Decided
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Overview: Although the trial court properly dismissed the husband's "supplemental claims," he was not precluded from requesting the dissolution court for equitable relief on the tort claims concerning property that was the subject of at least three previous orders of the dissolution court.

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Mockelmann v. Mockelmann, Court of Appeals No. 04CA0739, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 11, 2005, Decided
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Overview: Trial court's order dismissing a husband's conversion and theft claims against his ex-wife was proper as his claims were based on the wife' property that was initially allocated in the permanent orders and was the subject of subsequent enforcement orders issued by the dissolution court, where continuing jurisdiction remained.

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Nelson v. Gas Research Inst., Court of Appeals No. 04CA0611, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 11, 2005, Decided
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Overview: The employee failed to meet his burden of proving that his employer made a false representation of fact, which induced him to move to Colorado, and that damages were sustained in reliance on, or in consequence of, the false or deceptive representation under Colo. Rev. Stat. ? 8-2-104.

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People ex rel. U. S., Court of Appeals No. 05CA0722, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 11, 2005, Decided
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Overview: Order denying the guardian ad litem's motion to enter a treatment plan for the mother was affirmed because the father's admissions to portions of the dependency and neglect petition could not form the basis for requiring the mother to comply with a treatment plan in the absence of an adjudication.

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People v. Krutsinger, Court of Appeals No. 04CA0286, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 11, 2005, Decided
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Overview: A remand in defendant's sexual assault case was appropriate because it was not determined whether the trial court's error in excluding a psychologist's testimony was an error of constitutional dimension. On remand, the psychologist was to testify and the trial court was to determine whether the testimony would have been material to his case.

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