Opinion by JUDGE HAWTHORNE . 1 In this interlocutory appeal, plaintiffs, Renee Legro and Stephen Legro, appeal from the district court's order (1) determining as a matter of law that Ms. Legro was a trespasser as to defendants, Samuel Robinson and Cheri Robinson, under Colorado's Premises Liability Act (PLA), 13-21-115, C.R.S. 2015; and (2) concluding that the working dog exemption in Colorado's dog bite statute, 13-21-124, C.R.S. 2015, insulates the Robinsons from strict liability....
Opinion by JUDGE ROM N . 1 In this unemployment compensation benefits case, petitioner, A Child's Touch, seeks review of a final order of the Industrial Claim Appeals Office (Panel) holding that its former employee, claimant Robert L. Morris, was entitled to benefits because he was engaged in covered employment when A Child's Touch terminated his employment in September 2013. We conclude that A Child's Touch does not meet the statutory criteria for exemption from the Colorado Employment...
Opinion by JUDGE HAWTHORNE . 1 As a matter of first impression in Colorado, we hold that C.R.C.P. 47(b) does not grant a trial court the discretion to permit an alternate juror to deliberate and participate fully with the principal jurors in considering and returning a verdict when one party objects. We also hold that erroneously permitting an alternate juror to do so is presumptively prejudicial. 1 2 In this action to recover damages for personal injuries, defendants, VCG...
Opinion by JUDGE FOX . 1 This consolidated appeal arises from a premises liability case brought by Charlene Dickinson against Lincoln Building Corporation, a foreign corporation (LBC); Wells Fargo Bank National Association, a foreign corporation (Wells Fargo); and G4S Secure Solutions (USA) Inc., a foreign corporation (G4S). Dickinson sought damages for shoulder injuries sustained when she attempted to open a door leading to her workplace that she alleged was locked or malfunctioning. 1...
Opinion by JUDGE ASHBY . 1 Defendants, Forest City Stapleton, Inc., and FC Stapleton II, LLC (collectively Forest City), appeal the judgment of liability based on jury verdicts finding that they breached their implied warranty to, and created a nuisance against, plaintiff Tad S. Rogers. We conclude that an implied warranty of suitability can exist between a developer who sells a vacant lot and a homeowner who is not the first purchaser of that lot. However, because the trial court did...
Opinion by JUDGE FOX . 1 This consolidated appeal arises from a premises liability case brought by Charlene Dickinson against Lincoln Building Corporation, a foreign corporation (LBC); Wells Fargo Bank National Association, a foreign corporation (Wells Fargo); and G4S Secure Solutions (USA) Inc., a foreign corporation (G4S). Dickinson sought damages for shoulder injuries sustained when she attempted to open a door leading to her workplace that she alleged was locked or malfunctioning. 1...
Opinion by JUDGE ASHBY . 1 Defendants, Forest City Stapleton, Inc., and FC Stapleton II, LLC (collectively Forest City), appeal the judgment of liability based on jury verdicts finding that they breached their implied warranty to, and created a nuisance against, plaintiff Tad S. Rogers. We conclude that an implied warranty of suitability can exist between a developer who sells a vacant lot and a homeowner who is not the first purchaser of that lot. However, because the trial court did...
Opinion by JUDGE DAILEY 1 In this dispute over mineral rights, defendants Edward H. Tergeson, as trustee of the Harold Furrow Family Trust and as personal representative of the Estate of Esther A. Furrow; AED Group, LLC; and Pegasus Minerals, LLC (collectively, the Furrow Defendants), appeal the district court's order denying their motion for summary judgment and granting summary judgment in favor of Plaintiffs, Barbara G. Owens and G. Charles Gadbois. We affirm. I. Background 2...
Opinion by JUDGE HARRIS 1 Luz del Carmen Morones-Quinonez appeals the district court's order summarily denying her Crim. P. 35(c) motion for postconviction relief based on a claim of ineffective assistance of counsel. Ms. Morones asserts that she sufficiently alleged that her lawyer misadvised her of the immigration consequences of her guilty plea to criminal impersonation and that, if she had been properly advised, she would have insisted on proceeding to trial. We reverse and remand...
Opinion by JUDGE HAWTHORNE . 1 In this teachers employment case, plaintiffs, Cynthia Masters, Michelle Montoya, Mildred Anne Kolquist, Lawrence Garcia, Paula Scena, Jane Harmon, Lynne Rerucha, and Denver Classroom Teachers Association (DCTA), appeal from the district court's judgment granting defendants' 1 C.R.C.P. 12(b)(5) motion to dismiss their claims under the Colorado Constitution's contract clause, art. II, 11, and due process clause, art. II, 25, for failure to state a claim...
Opinion by JUDGE HAWTHORNE . 1 Defendant, Emmett Andrew Larsen, appeals the judgment of conviction entered on jury verdicts finding him guilty of one count of sexual assault on a child by one in a position of trust-pattern of abuse and one count of sexual assault on a child by one in a position of trust-victim less than fifteen years of age. Defendant asserts that the trial court erred when it refused to poll the jurors regarding their exposure to a printed and online news article...
Opinion by JUDGE FOX . 1 In this civil negligence dispute, Camell Beasley appeals from the district court's grant of summary judgment in favor of Best Car Buys, LTD (BCB). As an issue of first impression in Colorado, we address whether car vendors have a legal duty to inquire into a buyer's driving history before selling him a car. We conclude that no such duty exists, and we affirm. I. Background 2 The following facts are undisputed. 3 BCB sold a car to Peter Reynoso and Erica...
Opinion by JUDGE ASHBY . 1 Plaintiff, Brian Laughman, appeals from the trial court's order granting summary judgment in favor of defendant, Juris Girtakovskis. We conclude that the martial arts sparring match between Mr. Laughman and Mr. Girtakovskis was an inherently dangerous activity and, thus, Mr. Girtakovskis owed no duty of ordinary care to Mr. Laughman. We therefore affirm. I. Background 2 This case arises from a martial arts sparring session. Mr. Girtakovskis was...
Opinion by Judge STERNBERG * . 1 In this governmental immunity case, plaintiffs, Randy Loveland and Mary Nicole Loveland, individually and as parents and next friends of Alexa Rae Loveland, a minor, appeal the trial court's order dismissing their action against defendants, St. Vrain Valley School District RE-1J and Cathy O'Donnell. As it relates to defendant O'Donnell, the judgment is affirmed. The judgment is otherwise reversed, and the case remanded for further proceedings consistent...
Opinion by JUDGE FOX . 1 Bernard McDonnell, a licensed real estate broker, appeals a final agency order of the Colorado Real Estate Commission (Commission) disciplining him for taking funds from the Pinecliff Homeowners Association (HOA) 1 , located in Colorado Springs, without permission and for his personal use. We affirm the final order as to Counts 1, 2, and 4. We reverse regarding Count 3 and affirm the Commission's sanctions. I. Background 2 In 2010 and 2011, while serving as...
Opinion by JUDGE HAWTHORNE 1 In this consolidated appeal, plaintiffs, twenty-five insurance companies 1 (collectively, the carriers), appeal the district court's judgment dismissing their inverse condemnation claims against defendants, Colorado Department of Public Safety (the Department) and Denver Water Board (Denver Water), and the court's order denying their motion to conduct limited discovery. We affirm. I. Facts and Procedural History 2 On March 22, 2012, the Colorado State...
Opinion by JUDGE BERGER . 1 Michael Joseph Lohman (husband) appeals the district court's ruling that a support order entered in favor of Fiona Mary Lohman (wife) by an English court is enforceable in Colorado. Husband's primary argument on appeal is that even if the issuing court in England had personal jurisdiction over him under English law, the Due Process Clause prohibits enforcement of the order by a Colorado court. 2 We must decide whether a Colorado court, when requested to...
Opinion by JUDGE TERRY . 1 In this suit brought by plaintiff, Carol Rademacher, to collect on a promissory note, defendant, John Becker, Trustee of the John E. Becker Trust and obligor on the note, appeals the judgment in favor of plaintiff entered after a jury trial. 2 The note was executed as part of a settlement agreement between the parties. Defendant argues that the settlement agreement and note are unenforceable. It is undisputed that, although the note and agreement were...
Opinion by JUDGE TAUBMAN 1 Plaintiffs, eleven hotels along Colorado's Front Range, 1 (collectively the Hotels) appeal the trial court's order dismissing their complaint against the Colorado Economic Development Commission (CEDC) and the City of Aurora (Aurora). The Hotels allege that the trial court improperly refused to review the CEDC's decision to award Aurora an $81 million tax subsidy pursuant to its authority under the Colorado Regional Tourism Act (the RTA). Because we agree...
Opinion by JUDGE TERRY . 1 In this products liability action based on strict liability and negligence, defendant, Ford Motor Company, appeals the trial court's judgment entered on a jury verdict in favor of plaintiff, Forrest Walker. Walker claimed to have sustained a traumatic brain injury and soft tissue neck injuries as a result of a car accident, in part because the driver's seat in his 1998 Ford Explorer was defectively designed. 2 The main issue on appeal is whether the trial...
