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T. Thomas Metier

US District Court of Colorado Rules on Walmart’s Intervention in Third-Party Claim

In Earlene F. Corbishley, v. Pep Boys — Manny, Moe & Jack of Delaware, Inc., the United States District Court of Colorado considered Walmart’s motion to intervene in a third-party claim. In July 2014, Earlene Corbishley (the plaintiff) suffered injuries […]

T. Thomas Metier

Can an Exculpatory Clause Bar Compensation for Injuries in Colorado?

In Teresa Brigance v. Vail Summit Resorts, Inc. No. 17-1035 (10th Cir. 2018), the United States Court of Appeals Tenth Circuit decided the case. Vail Summits Resorts, Inc. (“VSRI”) is the operator of Keystone Mountain Resort, which is located in […]

T. Thomas Metier

Was a Waiver on a Lift Ticket Enough to Absolve a Ski Resort of Guilt After a Guest Was Injured on that Lift?

In Raup v. Vail Summit Resorts, Inc., No. 17-103, (10th Cir. May 8, 2018), the United States District Court for the Tenth Circuit decided the case. Vail Summit Resorts, Inc. (“Vail”) operates the “Fun Park” in Breckenridge, Colorado. The park’s […]

T. Thomas Metier

When an Invitee Was Killed on a Cattle Farm, Did the Company Owe the Invitee a Duty or Was the Danger Open and Obvious?

In Gregory v. Creekstone Farms Premium Beef, LLC, No. 17-3168, (10th Cir. March 29, 2018), the United States Court of Appeals for the Tenth Circuit, addressed the question in a wrongful death case filed by the survivors of the deceased. […]

T. Thomas Metier

What Constitutes the Duty of Ordinary Care Under Premises Liability Law in a Slip-and-Fall Case?

The Court of Appeals for the Tenth Circuit answers that question in Ritch v. Carrabba’s Italian Grill, LLC, No. 17-5032 (10th Cir. Jan. 3, 2018). In 2013, Linda Ritch (“Ritch”) dined at a Carrabba’s Italian Grill, LLC (“Carrabba’s”) restaurant in […]

T. Thomas Metier

What Determines Whether a Property Owner Had Actual or Constructive Notice of a Dangerous Condition to Satisfy the First Element for Premises Liability?

In Gless v. Dritley Properties, No. A-16-978 (Neb. Ct. App. 2017) the Nebraska Court of Appeals answered that question. On October 10, 2011, Laura Gless (“Gless”) slipped and fell on water on the floor inside the foyer of Elkhorn Animal […]

T. Thomas Metier

How is the Impartiality of an Appraiser Determined in a Controversy Over Covered Losses?

While Owners offered objective factors that could demonstrate a lack of impartiality, it pointed to no action, decision, or analytical choice made by Haber in rendering her appraisal report that showed a subjective lack of impartiality.

T. Thomas Metier

Does a Dog Owner Owe a Duty of Care to a Child Who Became Frightened and Ran Into the Street Resulting in Injury?

The district court ultimately granted Trujillo’s motion to dismiss on N.M.’s negligence claim.

T. Thomas Metier

What Damages Are Necessary to Show Breach of the Implied Covenant of Good Faith and Fair Dealing in an Insurance Case?

The Court of Appeals found that the Blakelys did not bring forth evidence to support their claim, and affirmed the lower court’s grant of summary judgment to USAA.

T. Thomas Metier

CO Supreme Court Reviews 6 Year Statute of Repose Re: Third Party Claims in Construction Defect Claims

Third party claims are timely, irrespective of either the statute of limitations or the statute of repose, as long as the claims are brought during the litigation or within 90 days of a judgment or settlement.