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.
Property Owner’s Liability (Slip & Fall)
The Supreme Court of Colorado examined the 2014 decree to determine whether it expressly recognized a right to divert water from the ditch.
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.
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.
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).
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.
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.
Is Contractual Privity Necessary for a Home Buyer to Assert a Claim of Breach of the Implied Warranty of Suitability Against the Developer?
The threshold question was whether contractual privity was necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against the developer.
What Potential Injuries is a Gym Member Assuming the Risk for When They Sign the Membership Agreement?
The judgment on Stone's negligence claim was affirmed, the judgment on her PLA claim was reversed, and the case was remanded for further proceedings on that claim.
The Supreme Court looked at Henn’s claim that the language in the insurance contract was ambiguous, American Family disagreed.
- Home & Family