Chief Justice MULLARKEY delivered the Opinion of the Court. I. Introduction In the underlying medical malpractice action, the plaintiff, Phillip Garrigan, alleged that the defendant, anesthesiologist Dr. Philip J. Bowen, negligently managed his care during his lumbar spine surgery and caused Garrigan to suffer loss of vision as a result of the surgery. In this original proceeding under C.A.R. 21, we review the trial court's order striking the trial testimony of one of Dr. Bowen's expert...
JUSTICE RICE delivered the Opinion of the Court. JUSTICE M RQUEZ does not participate. Mark Anderson ("Anderson") challenges an April 3, 2009, water court order that granted attorney fees and costs to Henry R. Sebesta and Mary M. Sebesta Revocable Trust and C&K Properties, Inc. (collectively "Sebesta"), and Richard Pursell ("Pursell") for various stages of the litigation. We hold that the water court was correct in granting attorney fees and costs associated with the Final Decree to Pursell...
Justice MARTINEZ delivered the Opinion of the Court. This tribal sovereign immunity case requires us to address the relationship between the State of Colorado and sovereign American Indian tribes, as that relationship is governed by federal law. We are charged with applying the doctrine of tribal sovereign immunity in the context of a state investigative subpoena enforcement action against two entities operating under the trade names Cash Advance and Preferred Cash Loans and asserting they are...
Justice COATS delivered the Opinion of the Court. The People petitioned for review of the court of appeals' judgment reversing White's convictions of sexual assault on a child, incest, and possession of marijuana. At trial, White moved for a mistrial on the grounds that one of the jurors was not a resident of Teller County. The trial court denied the motion, finding there to be sufficient evidence of residency. Because the record indicated that the juror had recently moved into his sister's...
CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court. JUSTICE BENDER dissents, and JUSTICE MARTINEZ joins in the dissent. I. Introduction In the underlying medical malpractice action, the plaintiff, Phillip Garrigan, alleged that the defendant, anesthesiologist Dr. Philip J. Bowen, negligently managed his care during his lumbar spine surgery and caused Garrigan to suffer loss of vision as a result of the surgery. In this original proceeding under C.A.R. 21, we review the trial court's...
JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE RICE and JUSTICE COATS join in the dissent. I. Introduction This case concerns the pretrial dismissal of a claim of bad faith breach of an insurance contract brought by petitioner Nicole Nunn ("Nunn"), as assignee of the insured, Bryan James ("James"), against James's insurer, Mid-Century Insurance Company ("Mid-Century"). James assigned his claims to Nunn pursuant to a settlement agreement involving a...
Justice MARTINEZ delivered the Opinion of the Court. I. Introduction Clovis Vigil was arrested and charged with possession of a controlled substance as well as possession with intent to distribute. At the time of his arrest, Vigil confessed to possession and indicated where he kept the drugs only after the arresting officers had used force against him, inflicting numerous injuries. The trial court held that Vigil was arrested without probable cause and that his various inculpatory statements...
Chief Justice MULLARKEY delivered the Opinion of the Court. On certiorari review, we consider whether a successful tort plaintiff may recover damages for the full amount of medical expenses incurred, or may recover only the discounted amount paid by the third-party insurance company. We hold that under the collateral source rule, as codified by the contract clause of section 13-21-111.6, C.R.S. (2010), the plaintiff may recover in full. We therefore affirm the court of appeals. Tucker v....
Chief Justice MULLARKEY delivered the Opinion of the Court. I. Introduction We granted certiorari in Gerganoff v. Board of Assessment Appeals, 222 P.3d 395 (Colo.App.2009), to decide whether, upon sustaining in part a taxpayer's appeal of a county's property valuation, the state's Board of Assessment Appeals (the "BAA" or "Board") is required to award the taxpayer his or her costs incurred in bringing the appeal. We hold that the BAA has the discretion to award costs, and we reverse the...
Justice HOBBS delivered the Opinion of the Court. In this private condemnation action for a non-exclusive access easement across an existing driveway, we are charged with determining what level of specificity a petition for condemnation must contain and whether the trial court erred in excluding valuation evidence based on a particular appraisal method. We review the court of appeals' decision in Story v. Bly, 217 P.3d 872 (Colo.App. 2008). 1 The trial court granted Story's petition for...
Justice BENDER delivered the Opinion of the Court. In this appeal, applicant Donna Streu asks us to review the water court's decision to dismiss her case for failure to prosecute under Colorado Rules of Civil Procedure 41(b)(2) and 121, section 1-10. 1 We hold that the water court did not abuse its discretion when it dismissed Streu's case because, under the circumstances, it did not act in a manifestly arbitrary or unreasonable manner and did not exceed the bounds of its rationally available...
Justice BENDER delivered the Opinion of the Court. I. Introduction In this interlocutory appeal by the prosecution, we review the trial court's order disqualifying the Office of the District Attorney for the Eighteenth Judicial District. 1 The trial court found that the District Attorney's Office received $91,648.19 from the Department of Corrections for the costs of prosecuting the defendant, Alejandro Perez. According to the court, this financial assistance violated section 20-1-302, C....
Chief Justice MULLARKEY delivered the Opinion of the Court. I. Introduction This is the third in a series of appeals involving a class action lawsuit brought by individuals against the City and County of Denver ("Denver") for harm allegedly caused by environmental contamination in Concourse B of Denver International Airport. The case has now been dismissed for lack of subject matter jurisdiction, and the present dispute concerns the award of costs and attorney fees to Denver pursuant to...
