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   State Courts - Colorado - December 11, 2008
  
Estate of Ford v. Eicher, Court of Appeals No. 06CA1625, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 11, 2008, Decided
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Overview: A trial court abused its discretion in disallowing a defense expert from testifying that a baby's injury was caused by intrauterine contractions unrelated to a shoulder dystocia because any concerns with the lack of testing on the medical theory went to the weight of the expert's testimony, under Colo. R. Evid. 702, not to its admissibility.

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Hygiene Fire Prot. Dist. v. Bd. of County Comm'rs of Boulder, Court of Appeals No. 07CA2354, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 11, 2008, Decided
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Overview: As the initial process for building a new fire station, a fire protection district was only required to complete was a location and extent review under Colo. Rev. Stat. ? 30-28-110 (2008); it did not also need to submit its plan to a Special Use Review or to seek to amend a planned unit development.

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In re Marriage of Ensminger, Court of Appeals No. 07CA2290, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 11, 2008, Decided
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Marquardt v. Perry, Court of Appeals No. 08CA0057, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 11, 2008, Decided
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Overview: Trial court's finding for plaintiff in promissory estoppel claim was not inconsistent with jury's verdict for defendant in breach of contract claim because trial court's finding about plaintiff's detrimental reliance and change of position by wiring funds to defendant's account was factually different from jury's determination of no acceptance.

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Microsemi Corp. v. Broomfield County Bd. of Equalization, Court of Appeals No. 08CA0249, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 11, 2008, Decided
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Overview: Taxpayers failed to establish that the Colorado State Board of Assessment (Board) erred as a matter of law in its application of the direct capitalization method of the income approach in valuing their contaminated property for ad valorem tax purposes because the taxpayers failed to city any authority prohibiting the methodology used by the Board.

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New Stanley Assocs., L.L.L.P. v. Town of Estes Park, Court of Appeals No. 07CA1819, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 11, 2008, Decided
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Overview: In a town's sale of property, the town did not violate Colo. Rev. Stat. ? 31-15-713 when it sold property because the property was not held for a governmental purpose.

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Nunn v. Mid-Century Ins. Co., Court of Appeals No. 06CA0954, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 11, 2008, Decided
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Overview: Where an insured did not assign any actual damages to an injured passenger when purporting to assign a claim for an unpaid portion of a judgment in excess of policy limits, a summary judgment was proper to dismiss the passenger's suit against the insurer because a bad faith claim required proof of actual damages.

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People v. Mullins, Court of Appeals No. 06CA2092, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 11, 2008, Decided
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Overview: Defendant was entitled to have a jury instructed on self-defense as an affirmative defense because the offense of engaging in a riot, Colo. Rev. Stat. ? 18-9-104(1), required a mental state of knowingly, and the offense of inciting a riot, under Colo. Rev. Stat. ? 18-9-102(1)(a), required the same or an even higher mental state.

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People v. Pearman, Court of Appeals No. 07CA0544, COURT OF APPEALS OF COLORADO, DIVISION SIX, December 11, 2008, Decided
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People v. Rodriguez, Court of Appeals No. 05CA2591, COURT OF APPEALS OF COLORADO, DIVISION SIX, December 11, 2008, Decided
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