01222018Headline:

Fort Collins, Colorado

HomeColoradoFort Collins

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.

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.