07272017Headline:

Fort Collins, Colorado

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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.

T. Thomas Metier

Does a School Retain Governmental Immunity Under CGIA for a Personal Injury?

The Court held that a non-negligently constructed and maintained piece of playground equipment cannot be a “dangerous condition” under the CGIA’s recreation-area waiver.

T. Thomas Metier

Are Century-Old Water Rights Enough to Preserve Easement Rights?

The Supreme Court of Colorado examined the 2014 decree to determine whether it expressly recognized a right to divert water from the ditch.

T. Thomas Metier

Did the District Court Err When It Failed to Dismiss a Case for Forum Non Conveniens?

Cox appealed, arguing the District Court erred in granting Sage’s motion to dismiss because there were no unusual circumstances sufficient to overcome the presumption in favor of Colorado courts hearing cases brought by Colorado residents.

T. Thomas Metier

Does a Homeowner’s Insurance Policy Cover Lawsuit Defense When There Was No Physical Injury or Property Damage?

The plain language of the policy excluded coverage for Dawson’s defense or for any financial liability in the state court action.

T. Thomas Metier

When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible?

The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38).

T. Thomas Metier

What Constitutes an Unreasonable Risk of Harm in a Grocery Store?

The Nebraska Court of Appeals decides whether a broken hip and loss of consortium is the fault of the grocery store and its watermelons in Robertson v. U Save Foods, Inc.

T. Thomas Metier

What Does the Coverage Exclusion Clause in Homeowner’s Insurance Regarding Surface Water Mean?

The Court concluded that the precipitation that fell on Martinez’s home and then flowed into the window wells was all surface water, which the insurance policy clearly and plainly excluded from coverage.