wrongful death
-
Colorado justices uphold confidentiality of truck driver’s medical records after fatal crash
—
by
The Colorado Supreme Court ruled on Monday that the surviving family members of a deceased motorist may obtain the other driver’s narrative of what happened, but they cannot do it through the medical records generated from his post-accident hospital visit. Relatives of Timothy Trenshaw sought to use five sentences from the notes of an emergency…
-
Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
—
by
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…
-
Federal judge dismisses lawsuit over detainee’s suicide in La Junta
—
by
A federal judge agreed last week that various law enforcement and medical defendants had not violated the rights of a suicidal man who died unattended in a holding cell of the La Junta Police Department. The surviving son and daughter of Glyn Hart filed suit over their father’s 2021 death. They advanced claims under federal…
-
Colorado Supreme Court walks back ruling denying immunity to speeding officer who killed 2
—
by
The Colorado Supreme Court on Tuesday walked back a ruling by the state’s second-highest court that broadened first responders’ liability for injuries, instead concluding emergency vehicle operators need not activate their lights and sirens during the entirety of a pursuit in order to keep their immunity from lawsuits. After an Olathe police officer, traveling in…
-
Wrongful death suit over Mesa County apartment fire may proceed, appeals court rules
—
by
Two women may proceed to sue a Mesa County landlord for their mother’s death in an apartment fire, after Colorado’s second-highest court ruled the wrongful death claims do not belong in the privately run arbitration system. The owners of 3272 F Road in Clifton argued Deborah Wood’s rental agreement required her and her heirs to…
-
Rio Blanco County sheriff’s officials can be held liable for jail suicide, appeals court rules
—
by
The immunity that Colorado law broadly affords to government entities does not shield employees of the Rio Blanco County Sheriff’s Office from being sued for the death of a jail detainee, Colorado’s second-highest court ruled on Thursday. On her third day in the county jail, Catherine Rowell died by suicide. Sheriff’s personnel allegedly failed to…
-
Appeals court sides with sheriffs, counties in tossing detainee death lawsuit
—
by
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.…
-
Appeals court orders judge to reconsider drastic reduction to $33 million wrongful death verdict
—
by
Colorado’s second-highest court has ordered an Arapahoe County judge to reconsider her decision to slash a jury’s $33 million verdict to just $436,070 against a man who was speeding at 99 mph before he ran a red light and killed another motorist. Although District Court Judge Elizabeth Volz applied the monetary cap on jury awards…
-
Judge rules Archuleta, La Plata counties may be held liable for detainee’s suicide
—
by
A federal judge has refused to dismiss a wrongful death lawsuit against La Plata and Archuleta counties for the suicide of a 21-year-old man who hung himself in jail and remained undiscovered for more than two hours, despite being on suicide watch. Saul Hernandez de la Torre was arrested in Archuleta County but housed in…
