Colorado, October, 2003, State Case law

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State Courts - Colorado - October 23, 2003

Am. Guar. & Liab. Ins. Co. v. King, Court of Appeals No. 02CA0927, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 23, 2003, Decided
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Overview: Dismissal of insurer's subrogation claim was proper based on evidence that an employee's kidney disease did not cause his wage loss. Evidence supported findings in favor of the employee on his insurance bad faith and abuse of process claims.

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Ames v. Indus. Claim Appeals Office , Court of Appeals No. 02CA1895, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 23, 2003, Decided
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Overview: When injured employee asked to change physicians, allegedly because an authorized physician had disclosed confidential information, and the request was made before employee was placed at maximum medical improvement, the change was not precluded.

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Bd. of Dirs. of the Alpaca Owners & Breeders Ass'n v. Clang, Court of Appeals No. 02CA1984, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 23, 2003, Decided
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Overview: Association sought judicial relief in a dispute with dissenting members arising out of attempts to amend by-laws. Relief requested by the association was declaratory in nature and not available pursuant to the statute under which relief was sought.

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DR/CR Family, LLLP v. Burger, Court of Appeals No. 02CA0702, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 23, 2003, Decided
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Overview: Trial court erred in awarding shopping center owners past due rent for lot lessee's use of parking area, where center's owners purchased the shopping center property with actual and constructive notice of the servitude appurtenant to the leased lot.

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Grossman v. Dean, Court of Appeals No. 02CA1219, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 23, 2003, Decided
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Overview: Use of a "supermotion" by members of the general assembly to kill a proposed bill violated the GAVEL amendment's requirement that the committee of reference first consider the measure on the merits.

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In re Marriage of Kniskern, Court of Appeals No. 02CA2374, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 23, 2003, Decided
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Overview: Order providing that the children reside primarily with the father was affirmed when the separation agreement addressed the mother's alienation of the children, and the father's motion was in the nature of enforcement, rather than modification.

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People ex rel. P.C., Court of Appeals No. 02CA2133, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 23, 2003, Decided
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Overview: Conviction of second degree assault was affirmed when the witness observed appellant, juvenile, make a swinging motion and then observed appellant standing over the victim with the broken beer bottle just as the victim's arm began to bleed.

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People v. Clemons, Court of Appeals No. 01CA2346, COURT OF APPEALS OF COLORADO, DIVISION A, October 23, 2003, Decided
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Overview: Aggravated robbery conviction was affirmed when defendant attacked the front desk clerk, choked and cut her with a knife, threatened to kill her, tied her up and left her in the closet, and took over $ 500 from the cash register in the motel lobby.

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People v. Sanchez, No. 03PDJ081., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 23, 2003, Decided
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People v. Zuniga, Court of Appeals No. 02CA0724, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 23, 2003, Decided
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Overview: Where theft by receiving based on retention of stolen property was a continuing offense, statute of limitations had not expired on that charge, because defendant was still in possession of the stolen property four days before the charge was filed.

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