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   State Courts - Colorado - November 8, 2001

  
Beeftu v. Creekside Ventures Llc, Court of Appeals No. 00CA1918, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 8, 2001, Decided
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Overview: The trial court properly ruled in favor of developer in homeowners' suit for damages after their basement flooded repeatedly; there was no evidence that the lot as graded was unsuitable for a house that did not have a walkout basement.

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Culver v. Samuels, Court of Appeals No. 00CA2297, COURT OF APPEALS OF COLORADO, DIVISION A, November 8, 2001, Decided
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Overview: An equine professional was not liable for an injury to a participant resulting from the inherent risks of equine activities.

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Estate of Wright v. United Servs. Auto. Ass'n, Court of Appeals No. 00CA1474, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 8, 2001, Decided
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Overview: Conduct constituting the definition of manslaughter satisfied the felonious killing exception to the statutory cap on recovery of damages for noneconomic loss in a wrongful death action, when the tortfeasor pled guilty to vehicular homicide.

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In re J.D.K., Court of Appeals No. 01CA0064, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 8, 2001, Decided
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Overview: The trial court did not err in permitting grandparents to adopt child; termination of the parent-child legal relationship with the mother was in the child's best interests.

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People v. Ferguson, Court of Appeals No. 99CA1266, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 8, 2001, Decided
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Overview: Defendant's conviction of assault was reversed; there was a reasonable probability that an error in jury instructions concerning "deadly physical force" contributed to his conviction.

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People v. McPherson, Court of Appeals No. 00CA1204, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 8, 2001, Decided
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Overview: Resentence to department of corrections was affirmed because it did not exceed original sentence to community corrections, and defendant failed to show justifiable excuse or excusable neglect in untimely collateral attack on conviction.

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People v. Trusty, Court of Appeals No. 00CA0470, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 8, 2001, Decided
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Overview: Special offender adjudication and sentence was wrongfully imposed on defendant who had been convicted of possession with intent to deliver, but the evidence did not support that he intended to sell the drugs in a public housing project.

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Reg'l Transp. Dist. v. Aurora Pub. Sch., Court of Appeals No. 00CA2340, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 8, 2001, Decided
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Overview: In a personal injury suit, the court determined that personal injury protection benefits were not recoverable by subrogation against a tortfeasor.

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Regents of Univ. of Colo. v. Harbert Constr. Co., Court of Appeals No. 00CA1276, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 8, 2001, Decided
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Overview: Court did not err in granting summary judgment to contractor where the contract between it and university released the contractor from liability on the university's claims against it for the explosion of an oil furnace.

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Sandstone Invs. I, LLC v. A. Everett Williams 1963 Trust, Court of Appeals No. 00CA1661, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 8, 2001, Decided
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Overview: Having agreed upon specific dates for performance, extension of closing date by seller, without expressly reserving such right, did not allow changing the closing date for performance of the first buyer without the backup buyer's consent.

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