negligence
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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…
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Colorado Supreme Court hears plea to open up path for construction defects lawsuits
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For decades, the Colorado Supreme Court has recognized that some civil liability claims like negligence are meant to protect all citizens from harm without the need for an agreement or contract. On the other hand, parties can enter into contracts and litigate breach of contract lawsuits when someone fails to respect the bargain. To reinforce…
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Appeals court rejects student’s lawsuit against Regis University over misconduct investigation
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Colorado’s second-highest court on Thursday rejected a male student’s lawsuit against Regis University for allegedly performing a flawed investigation into the sexual misconduct complaints about him. The plaintiff, identified as J.L., was the subject of an inquiry after three female students accused him of unwelcome advances or improper touching. Following an investigation that found J.L. violated…
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Federal judge green-lights negligence trial against 2 Denver child welfare workers
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A federal judge determined last month that two child welfare workers in Denver will stand trial in a civil negligence case over the 2007 death of a boy at the hands of his guardians, and indicated on Tuesday he would not reconsider his decision. Chandler Grafner was 7 years old when he died in May…
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Colorado Supreme Court to hear cases on Weld County redistricting, Xcel electrocution
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The Colorado Supreme Court announced recently that it will hear appeals in multiple cases, including whether Weld County must follow state law when drawing new legislative districts and when utilities may be held liable for injuries caused by their power lines. At least three of the court’s seven members must agree to take up a…
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Appeals court permits claim to proceed against 9News for security guard shooting
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Colorado’s second-highest court on Thursday concluded 9News can be held liable for the actions of a security guard who accompanied a producer during an October 2020 rally in downtown Denver and ended up fatally shooting a man after a brief confrontation. At the same time, a three-judge panel for the Court of Appeals agreed 9News…
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
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A hospital in Cortez cannot itself be liable for negligence in the death of a Montezuma County jail detainee, a federal judge ruled last month. Kelroy Newman arrived at the jail on July 17, 2021 with a blood alcohol concentration five times the legal limit, 0.421, and injuries to his head. Police took him to Southwest…
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
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A hospital in Cortez cannot itself be liable for negligence in the death of a Montezuma County jail detainee, a federal judge ruled last month. Kelroy Newman arrived at the jail on July 17, 2021 with a blood alcohol concentration five times the legal limit, 0.421, and injuries to his head. Police took him to Southwest…