negligence
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Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
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Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
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Appeals court eases path for injured plaintiffs to appeal unsuccessful claims against government
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Colorado’s second-highest court on Thursday clarified that injured plaintiffs have the same opportunity as the government to appeal a judge’s order whenever the claims implicate the immunity afforded to public entities under state law. The Colorado Governmental Immunity Act broadly shields government entities and employees from lawsuits. There are exceptions, including for emergency vehicle operators…
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Federal judge ‘reluctantly’ dismisses claim by Club Q survivors against property owners
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A federal judge agreed last week that a recent change to Colorado law barred him from allowing the survivors of an LGBTQ nightclub shooting to hold the property owners liable for safety deficiencies that allegedly contributed to the massacre. At the same time, U.S. District Court Senior Judge William J. Martínez slammed the legislature’s 2022 amendment…
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Appeals court rules anti-police bias alleged in jury deliberations is not basis for overturning verdict
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Colorado’s second-highest court ruled last week that allegations of a juror’s anti-police statements during deliberations in a civil trial cannot trigger an inquiry into whether the juror’s bias requires a new trial. Generally, jurors cannot be made to testify about statements made during deliberations when a party challenges the validity of a jury’s verdict. There…
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Kiowa County deputy may be sued over fatal vehicle collision, federal judge rules
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A federal judge ruled on Tuesday that a Kiowa County deputy and the sheriff’s office may be sued for a fatal vehicle collision because of alleged violations of state law, although the parties dispute whose actions caused the accident. The Colorado Governmental Immunity Act generally shields government entities and public employees from being sued for their actions, but…
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Federal judge dismisses hunger strike-related claims of US embassy bombing defendant
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A federal judge last month dismissed an incarcerated man’s claims against officials in Colorado’s “Supermax” prison alleging they acted with negligence toward the plaintiff’s 20-day hunger strike. Khalfan Khamis Mohamed, who was convicted of the deadly 1998 bombing of the U.S. embassy in Tanzania, was incarcerated at the U.S. Penitentiary — Administrative Maximum Facility in Florence.…
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Colorado Supreme Court rejects attempt to blur lines in construction industry lawsuit
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The Colorado Supreme Court on Monday reiterated that breach of contract lawsuits are distinct from negligence lawsuits, and an insurance company had chosen the wrong path when it attempted to recover nearly $483,000 from an allegedly negligent construction company. For decades, the court has recognized that some civil liability claims like negligence are meant to…
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Federal judge green-lights some claims for trial in death of Montezuma County jail detainee
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A federal judge on Friday ended some claims and permitted others to proceed to a jury trial over the 2021 death of a severely intoxicated man in the Montezuma County jail. Surviving family members of Kelroy Newman filed suit against the county, its elected sheriff, a deputy, the hospital where Newman was seen and his…
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…
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Colorado justices consider how much evidence is necessary when suing the government for injuries
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The Colorado Governmental Immunity Act broadly shields public employees and entities for injuries they cause, with a goal of protecting taxpayer dollars and preventing disruption to government services. However, there are exceptions to the immunity, one of which involves injuries due to the “dangerous condition” of a public building. To get into court, a plaintiff needs…
