Ultimately, the court determines the untimely disclosure was harmless and therefore, Baldwin will not be excluded.
The Court also concludes the allegations do not demonstrate genuine issues of material fact, so the Court recommends that the judge find the proposed claim would likely be dismissed for Jones’ failure to show why the case would have to be submitted to a jury for resolution.
The Court says the requesting party must show there is a compelling need for the information, the information is not available from other sources, and the requesting party is using the least intrusive means to obtain the information.
State Farm moved to determine as a matter of law that the tractor is not a motor vehicle under the policy’s UIM coverage.
The Supreme Court of Colorado determined, in a case of first impression, that yes, an employer’s admission of liability under respondeat superior bars the plaintiff from claiming other theories of negligence.
In the case of Nibert v. Geico Casualty Company, 2017 CO A23, February 23, 2017, Denise Nibert and her husband were injured in a car accident in 2012. Nibert received the policy maximum from the motorist at-fault, but she also […]
Prejudgment interest can be recovered in a personal injury claim in Colorado under Section 13-21-101(1): “In all actions brought to recover damages for personal injuries… it is lawful for the plaintiff in the complaint to claim interest on the damages […]
In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, […]
In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, […]
When Does the Statute of Limitations Start to Run for a UIM Claim—The Date an Attorney Receives the Underlying Claim Check or When it is Endorsed?
Three days between the receipt of a settlement check and the endorsement of that check determined whether a personal injury victim could sue the insurance company in the case of Donna Kovac, v. Farmers Insurance Exchange, No. 16CA0167, Court of […]