Colorado Case Commentaries

Reaffirmation of the Spoto Test for 'Other Acts' Evidence in Civil Insurance Litigation: Abdelsamed v. New York Life Insurance Co.

Date: Jun 21, 1994

Reaffirmation of the Spoto Test for 'Other Acts' Evidence in Civil Insurance Litigation Abdelsamed v. New York Life Insurance Co., Supreme Court of Colorado, 1994 Introduction In the landmark case...

Compensability of Work-Related Emotional Stress from Employer Coercion: General Cable Co. v. Turzanski

Date: Jun 17, 1994

Compensability of Work-Related Emotional Stress from Employer Coercion: General Cable Co. v. Turzanski Introduction The case of General Cable Company v. The Industrial Claim Appeals Office of the...

Defining "Motor Vehicle" Under the Colorado Governmental Immunity Act: Insights from Bertrand v. Board of County Commissioners of Park County

Date: Apr 19, 1994

Defining "Motor Vehicle" Under the Colorado Governmental Immunity Act: Insights from Bertrand v. Board of County Commissioners of Park County Introduction Bertrand v. Board of County Commissioners of...

Limitation of Habeas Corpus in Challenging Treatment Conditions: Jacobs v. Carmel

Date: Feb 15, 1994

Limitation of Habeas Corpus in Challenging Treatment Conditions: Jacobs v. Carmel Introduction Terence Keijiro Jacobs v. Harold Carmel, 869 P.2d 211 (Colo. 1994), is a pivotal case adjudicated by the...

Termination of Criminal Proceedings Against Incompetent Defendants: Insights from People v. Zapotocky

Date: Feb 15, 1994

Termination of Criminal Proceedings Against Incompetent Defendants: Insights from People v. Zapotocky Introduction People of the State of Colorado v. Michael Paul Zapotocky, 869 P.2d 1234 (Colo....

PIP Benefits Limited to Described Vehicles in the Policy – Scoggins v. Unigard Insurance

Date: Feb 15, 1994

PIP Benefits Limited to Described Vehicles in the Policy – Scoggins v. Unigard Insurance Introduction The case of Angelique SCOGGINS v. UNIGARD INSURANCE COmpany centers on the eligibility of a...

Supreme Court Reinforces Trial Court's Primacy in Fact-Finding in Fraud Rescission Cases

Date: Jan 25, 1994

Supreme Court Reinforces Trial Court's Primacy in Fact-Finding in Fraud Rescission Cases Introduction In the landmark case of M.D.C./Wood, Inc. v. Mortimer et al., the Supreme Court of Colorado...

Merger of Burglary Charges: Armintrout v. The People of Colorado

Date: Dec 14, 1993

Merger of Burglary Charges: Armintrout v. The People of Colorado Introduction Armintrout v. The People of Colorado, 864 P.2d 576 (1993), is a landmark decision by the Supreme Court of Colorado that...

SNYDER OIL CO. v. EMBREE: Redefining Employer Liability Under Colorado Workers' Compensation

Date: Nov 16, 1993

SNYDER OIL CO. v. EMBREE: Redefining Employer Liability Under Colorado Workers' Compensation Introduction In the landmark case of Snyder Oil Company and Colorado Compensation Insurance Authority v....

Establishing Fiduciary Duty and Negligent Supervision in Religious Institutions: Mary E. Moses v. Diocese of Colorado

Date: Nov 16, 1993

Establishing Fiduciary Duty and Negligent Supervision in Religious Institutions: Mary E. Moses v. Diocese of Colorado Introduction The case of Mary E. Moses, n/k/a Mary Elaine Tenantry v. The Diocese...

ANDERSON v. BRINKHOFF: Establishing Partial Compensation for Occupational Disease Aggravated by Concurrent Exposures

Date: Sep 28, 1993

ANDERSON v. BRINKHOFF: Establishing Partial Compensation for Occupational Disease Aggravated by Concurrent Exposures Introduction Donald E. Anderson filed a claim under the Workers' Compensation Act...

Altering the Computational Basis for Workers' Compensation: VIGIL v. INDUSTRIAL CLAIM APPEALS OFFICE

Date: Jul 27, 1993

Altering the Computational Basis for Workers' Compensation: VIGIL v. INDUSTRIAL CLAIM APPEALS OFFICE Introduction The Supreme Court of Colorado's decision in VIGIL v. INDUSTRIAL CLAIM APPEALS OFFICE,...

Campbell v. IBM: Redefining Notice Penalties and Wage Calculations in Workers' Compensation

Date: Jun 18, 1993

Campbell v. IBM: Redefining Notice Penalties and Wage Calculations in Workers' Compensation Introduction Cathy M. Campbell v. IBM Corporation, Liberty Mutual Insurance Company, The Industrial Claim...

Crim. P. 35(c) Postconviction Motions Subject to Section 16-5-402 Time Limitations

Date: May 11, 1993

Crim. P. 35(c) Postconviction Motions Subject to Section 16-5-402 Time Limitations Introduction People of the State of Colorado v. Gary L. Wiedemer (852 P.2d 424), decided by the Supreme Court of...

Changed Economic Circumstances in Marital Property Division: Analysis of In re the Marriage of Judith A. Wells

Date: Apr 13, 1993

Changed Economic Circumstances in Marital Property Division: Analysis of In re the Marriage of Judith A. Wells Introduction The case of In re the Marriage of Judith A. Wells and Curtis W. Wells (850...

Affirmation of Felony Menacing Statute and Evidentiary Standards in People v. Ibarra

Date: Mar 23, 1993

Affirmation of Felony Menacing Statute and Evidentiary Standards in People of the State of Colorado v. Riburcio Ibarra (849 P.2d 33) Introduction People of the State of Colorado v. Riburcio Ibarra,...

Colorado Supreme Court Upholds Retroactive Application of Bail Bondsman Licensing Act

Date: Mar 23, 1993

Colorado Supreme Court Upholds Retroactive Application of Bail Bondsman Licensing Act Introduction In the landmark case of Franklin B. Ficarra and Alfred Dennis Grayson v. Department of Regulatory...

Trinity Broadcasting v. Westminster: Judicial Determination of Notice Timeliness and the Limits of Inverse Condemnation Claims

Date: Mar 16, 1993

Trinity Broadcasting v. Westminster: Judicial Determination of Notice Timeliness and the Limits of Inverse Condemnation Claims Introduction In Trinity Broadcasting of Denver, Inc. v. The City of...

Establishing Duty of Care in Independent Medical Examinations: Greenberg v. Perkins

Date: Feb 2, 1993

Establishing Duty of Care in Independent Medical Examinations: Greenberg v. Perkins Introduction The landmark case of Greenberg v. Perkins, adjudicated by the Supreme Court of Colorado in 1993,...

Reversing the Burden: Burden of Proof in Contractual Breach Claims – Western Distributing Co. v. s, Ltd.

Date: Nov 24, 1992

Reversing the Burden: Burden of Proof in Contractual Breach Claims – Western Distributing Co. v. s, Ltd. Introduction In the landmark case of Western Distributing Company, d/b/a Western Da v. s,...