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| AE, Inc. v. Goodyear Tire & Rubber Co., Case No. 07SA125,
SUPREME COURT OF COLORADO, October 1, 2007, Decided
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Overview: In a tort action regarding property damage, a certified question from a federal district court was answered in the affirmative; the law of the state with the most significant relationship to the occurrence and the parties governed both the award of damages and any award of prejudgment interest under Colo. Rev. Stat. § 5-12-102.
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| Compton v. Safeway, Inc., Case No. 07SA50,
SUPREME COURT OF COLORADO, October 1, 2007, Decided
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Overview: In a personal injury case, a trial court should have ordered an owner to disclose the recorded statements of two accident witnesses because they were not privileged under Colo. R. Civ. P. 26; they were made to the owner's risk management department in the ordinary course of an investigation, and the owner's attorneys were not involved at that time.
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| Cook v. Fernandez-Rocha, Case No. 07SA138,
SUPREME COURT OF COLORADO, October 1, 2007, Decided
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Overview: In personal injury suit arising out of a car accident, allegedly injured party failed to disclose expert witness 120 days before trial, as required by Colo. R. Civ. P. 26. Trial court erred in imposing sanctions under Colo. R. Civ. P. 37(c) because trial court failed to first make a determination as to whether the failure to disclose was harmless.
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