negligence
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Colorado Supreme Court to evaluate test for alimony after remarriage
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The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
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The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Federal judge dismisses claims against medical contractor for Eagle County jail suicide
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A federal judge dismissed the claims against a medical contractor for the Eagle County jail and its employees earlier this month, concluding there were insufficient allegations that they violated the constitutional rights of a man who died by suicide in custody. U.S. District Court Judge Philip A. Brimmer noted a doctor with Your Hope Center…
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Federal judge allows some claims to proceed over denial of cancer meds in El Paso County jail
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A federal judge allowed claims to proceed last week against some medical and sheriff’s office employees at the El Paso County jail over their alleged failure to ensure a detainee received his cancer medication during four months of incarceration. Stuart Patrick McLaney was in the county jail between March-July 2023. He has chronic myeloid leukemia,…
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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.…