Colorado, November, 2002, State Case law

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State Courts - Colorado - November 21, 2002

Behrmann Revocable Trust v. Szaloczi, Court of Appeals No. 01CA0775, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 21, 2002, Decided
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Overview: The trial court erred when it dismissed the trust's individual claim of constructive fraud when there was an exception to the exclusivity of the dissenters' rights remedy where the corporate directors' actions were unlawful or fraudulent.

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Blesch v. Denver Publ. Co., Court of Appeals No. 01CA0728, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 21, 2002, Decided
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Overview: Because the trial court's basis for refusing to release the bulk of an autopsy report of a perpetrator of a school shooting was fundamentally altered with the passage of time and the release of a crime scene report, remand was necessary.

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Deforrest v. City of Cherry Hills Vill., Court of Appeals No. 01CA1795, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 21, 2002, Decided
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Overview: The damages cap was improperly applied to all defendants where there were issues regarding whether the police officer's conduct was willful and wanton. The statute limited the recovery that a victim could receive from public entities.

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Donelson v. Fritz, Court of Appeals No. 01CA0777, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 21, 2002, Decided
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Overview: A finding in favor of the driver an action for damages for injuries was proper where reasonable minds could have differed on whether the expenses incurred were for injuries from the accident; therefore, the issue was properly submitted to the jury.

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Dufficy & Sons, Inc. v. BRW, Inc., Court of Appeals No. 01CA2201, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 21, 2002, Decided
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Overview: Because an engineering company and its agent owed an independent professional duty of care to a contractor in the performance of their duties, the judgment against the contractor was reversed and remanded.

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Hansen v. Hansen, Court of Appeals No. 01CA2359, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 21, 2002, Decided
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Overview: Portion of husband's retirement disability benefits that was attributable to the years of service prior to disability constituted marital property, and benefits from disability remained separate property.

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Hoff & Leigh v. Byler, Court of Appeals No. 01CA2005, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 21, 2002, Decided
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Overview: Where broker allegedly failed to perform statutory duties in real estate transaction, broker was not agent of either party to transaction. Thus, broker did not owe fiduciary duties to either party and was not required to forfeit commission.

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In Stitches, Inc. v. Denver County Bd. of County Comm'rs, Court of Appeals No. 01CA1974, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 21, 2002, Decided
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Overview: Where taxpayer's taxable personal property was listed on assessment rolls, but was undervalued, county board could not increase the taxable value retroactively, because undervaluation did not qualify as omitted property under statute.

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People v. Angelos, No.02PDJ025., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 21, 2002, Decided
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People v. Carrillo, Court of Appeals No. 01CA1811, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 21, 2002, Decided
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Overview: Defendant did not state a cognizable ground for postconviction relief where he challenged the corrections department's action in deducting 20 percent of the deposits into his inmate bank account to apply toward the payment of restitution.

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