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T. Thomas Metier

Does the Premises Liability Act Provide the Sole Legal Remedy for a Plaintiff on Private Property?

Under the PLA, the only way Tancrede could recover is to show that Freund injured her willfully.

T. Thomas Metier

Can a Homeowner Assign Rights Without the Insurer’s Consent?

The Court determined that assignment of a claim under a homeowner’s insurance policy for the homeowner’s property damage casualty loss is valid, despite a non-assignment clause.

T. Thomas Metier

Does the Writing on the Back of the Lift Ticket REALLY Waive Liability?

If you plan to go to Vail and enjoy some skiing—you had better read the waivers you are signing. In Brigance v. Vail Summit Resorts, Inc., (Civil Action No. 15-cv-1394-WJM-NYW.) United States District Court D., Colorado, January 13, 2017, the […]

T. Thomas Metier

Fire Your Attorney for Cause, Hire a New One and Win the Case. Who Gets Paid?

The district court determined Mintz was not entitled to fees because Mintz had been discharged for cause, and under the express language of the agreement between Mintz and the plaintiff, Martinez, Mintz had therefore forfeited any fee.

T. Thomas Metier

Does a Municipal Ordinance Override the Common Law in a Premises Liability Case?

Emma Andrade, Plaintiff-Appellant vs. Margaret Johnson, Defendant-Appellee, Court of Appeals No. 15CA1664, Court of Appeals of Colorado, Division V. (Oct. 6, 2016) is a district court case in Colorado Springs for damages she suffered when Andrade slipped and fell on […]