liability
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Federal judge declines to reconsider decision allowing jury trial against gun manufacturer
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A federal judge has rebuffed a Pennsylvania-based gunmaker’s request and stood by her previous order allowing a jury to decide whether a manufacturing defect caused a handgun to accidentally discharge into its owner at a Colorado Springs movie theater. U.S. Magistrate Judge Maritza Dominguez Braswell declined to reconsider her previous finding that John Heikkila could…
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Appeals court finds athletic club’s liability waiver does not bar sex assault lawsuit
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A child who was sexually abused by her tennis coach may sue the athletic club where he was employed, even though a liability waiver purportedly immunized the club from “any and all claims,” Colorado’s second-highest court ruled this month. Plaintiffs “Jane Doe” and her mother sued Wellbridge Club Management LLC, which operates Colorado Athletic Club-Monaco in Denver,…
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Judge says Adams County deputy not liable for teens’ deaths
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A sheriff’s deputy who directed two unlicensed teenagers to drive a defective commercial truck home cannot be liable for their subsequent deaths at a dangerous intersection in rural Adams County, a federal judge has found. The estate of April Blackmon-Logan alleged Deputy Chad Jenkins created or increased the risk that Blackmon-Logan would be put in…
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Colorado’s justices swat down liability for individual insurance claim handlers
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A person may only hold insurance companies liable for the denial or delay of payments on a claim, and not individual claims handlers, the Colorado Supreme Court ruled on Monday. Multiple industry groups had written to the court arguing state law did not envision that claims adjusters could be held financially responsible for their decisions.…
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State Supreme Court grants Boulder immunity for defective sidewalk by 4-3 decision
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Local governments dodged a potentially massive liability for their defective sidewalks on Tuesday, as the Colorado Supreme Court ruled in a split 4-3 decision that the city of Boulder could not be sued for a misaligned portion of sidewalk that caused a woman to fall and injure herself. Colorado’s governmental immunity law generally prohibits liability…
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Federal judge recommends letting man sue prison officials for severe injuries
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A federal magistrate judge has concluded medical personnel violated a detainee’s constitutional rights if, as alleged, they waited 36 hours to transport him to the emergency room despite his rapidly-deteriorating condition that ultimately required amputation of his limbs. U.S. Magistrate Judge N. Reid Neureiter recommended against dismissing Christopher Tanner’s civil rights lawsuit, stemming from Tanner’s…
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Claims adjusters’ fate lies in state Supreme Court following arguments over personal liability
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In a case that has drawn the attention and alarm of national industry groups, the Colorado Supreme Court considered this week whether state law allows people to sue insurance claims adjusters personally for delaying or denying payments. Lawyers for plaintiff Alexis Skillett attempted to reassure the court during oral arguments that lawsuits against claims adjusters would…
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State Senate Prez Grantham: Package of additional construction defects bills will drop soon
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There will be more bills introduced this session aimed at reforming Colorado’s construction defect litigation, which proponents say is a way to address the slowdown in housing construction across the state. That was the big news to come out of the state Senate leadership’s media availability on Monday. Senate President Kevin Grantham, R-Canon City, promised…
