negligence
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
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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‘Something about that is wrong’: Colorado justices weigh ski resort immunity for child’s debilitating fall
In a case that attracted the interest of Colorado’s outdoor recreation industry, the state Supreme Court considered on Tuesday whether parents may waive their children’s right to sue for debilitating injuries that are allegedly the fault of a negligent ski resort operator. Annalea “Annie” Miller was 16 years old when she fell 30 feet from…
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Colorado Supreme Court to review limits on negligence claims in case over Denver restaurant fire
The Colorado Supreme Court announced on Monday that it will review whether a judicially created rule barring certain types of negligence claims applies when a defendant acts recklessly to cause an injury. At least three of the court’s seven members must agree to take up an appeal. The justices also signaled they may intervene in…
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Federal judge sends case of prisoner’s death to jury
A federal judge ruled last month that a jury will decide whether medical personnel at the Colorado Territorial Correctional Facility were negligent or deliberately indifferent to an incarcerated man whose deteriorating condition culminated in his 2017 death. Lorenzo Gabriel Flores had recently been transferred to the prison in Cañon City when he collapsed in his cell and…
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10th Circuit gives Eagle County sheriff’s officials immunity for jail suicide
The federal appeals court based in Denver decided on Monday that five Eagle County sheriff’s officials cannot be held liable for the death of a jail detainee who allegedly was a known suicide risk prior to his arrest. The ruling from the U.S. Court of Appeals for the 10th Circuit marked the second time in…
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Colorado appeals court reinstates slip-and-fall lawsuit against Jeffco
The state’s Court of Appeals last month reinstated a woman’s lawsuit against Jefferson County for allegedly failing to prevent her slip-and-fall inside a county building. The decision in Krista Dozier’s case comes as the Colorado Supreme Court is preparing to hear another appeal involving Jeffco, where a woman injured herself yards away from Dozier’s fall.…
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DoorDash must produce data on driver crashes, Colorado Supreme Court agrees
DoorDash, Inc. may not escape a judge’s order to produce data about its driver-involved crashes in a liability lawsuit out of Arapahoe County, the Colorado Supreme Court decided on Friday. Currently, DoorDash is defending against claims of negligence after one of its food delivery drivers crashed into Winthrop Elliott and injured him to the point…
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Federal judge declines to reconsider decision allowing jury trial against gun manufacturer
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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State Supreme Court hands down business-friendly ruling in hospital liability case
The Colorado Supreme Court clarified on Monday that plaintiffs suing limited liability companies are constrained in where they may file lawsuits and ordered two medical negligence cases be transferred to Arapahoe County because that is where the plaintiffs’ injuries occurred. The justices agreed to decide the proper venue for suing LLCs after two Boulder County…
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Appeals court sides with sheriffs, counties in tossing detainee death lawsuit
The state’s Court of Appeals has sided with Colorado’s counties and multiple sheriffs in finding Jefferson County Sheriff Jeff Shrader cannot be sued for the suicide death of a jail detainee. Unlike other wrongful death lawsuits and claims against government officials, which have a two-year filing window, state law carves out an exception for sheriffs.…