Colorado Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Colorado or Court of Appeals of Colorado where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Kline v. American States Insurance Co. - 3/7/1996
This is a proceeding to determine the amount of underinsured motorist coverage available under two separate insurance policies. Defendant, American States Insurance Co., appeals from a summary judgment in favor of its policy holders,...
Anderson v. Home Insurance Co. - 2/22/1996
Yolanda Martinez appeals the district court's denial of her motion, pursuant to C.R.C.P. 121 § 1-5, to vacate a limited access order entered in this and a related action, in neither of which was she a party. We reverse the denial of...
People v. Varallo - 2/12/1996
EN BANC
Per Curiam
We have consolidated two lawyer discipline proceedings involving the respondent for the purpose of issuing one opinion and order. In No. 94SA145, a hearing panel of the supreme court grievance committee...
Samms v. District Court - 12/18/1995
EN BANC
The petitioners, Judy Anne Samms (hereafter referred to as "Samms") and her husband, Frank Clifford Samms, have initiated this original proceeding pursuant to C.A.R. 21. The petitioners seek relief from an order entered...
Smith v. District Court - 12/18/1995
Original Proceeding
EN BANC
In this original proceeding, pursuant to C.A.R. 21, we directed the El Paso County District Court to show cause why it should not be prohibited from enforcing its order forbidding counsel to...
Smith v. Boyett - 12/11/1995
EN BANC
We granted certiorari to clarify the elements of knowing concealment under the Medical Malpractice Statute of Limitations, and to determine whether the plaintiffs' claim in this case should have survived imposition of...
Grulke v. Erickson - 12/7/1995
In this personal injury action, plaintiffs, John D. Grulke (Grulke) and Vickie L. Grulke, appeal from the summary judgment dismissing their complaint against defendant, Larry W. Erickson, on the ground that the claims were time-barred...
In re Marriage of McCord - 12/7/1995
In this post-dissolution of marriage proceeding, David L. McCord (father) appeals the order modifying his child support obligation and awarding Deborah A. McCord (mother) her attorney fees. We dismiss the appeal in part, affirm the...
Christie v. Coors Transportation Co. - 12/7/1995
Richard A. Christie (claimant) seeks review of a final order of the Industrial Claim Appeals Panel denying his claim for permanent total disability (PTD) benefits and also challenges the constitutionality of those portions of the...
People v. Robertson - 12/4/1995
Original Proceeding in Discipline
EN BANC
Per Curiam
Three separate lawyer disciplinary proceedings have been consolidated for one opinion and order. For the reasons below, we order that the respondent be disbarred...
Swieckowski v. City of Fort Collins - 11/24/1995
In this personal injury action involving a bicycle accident, plaintiffs, Timothy W. Swieckowski, by and through his parents and next friends, S. Michael and Catherine A. Swieckowski, and his parents individually, appeal the summary...
Garcia v. State Farm Mutual Insurance Co. - 11/24/1995
Defendant, State Farm Mutual Insurance Company (insurer), appeals the summary judgment entered for plaintiff, Johnnie Garcia (insured), and the denial of its own motion for summary judgment. We reverse and remand for further...
McConnell v. St. Paul Fire and Marine Insurance Co. - 11/14/1995
Certiorari to the Colorado Court of Appeals.
EN BANC
JUSTICE KOURLIS delivered the Opinion of the Court.
We granted certiorari to review McConnell v. St. Paul Fire and Marine Insurance Co., 894 P.2d 11 (Colo. App....
Lindner Chevrolet v. Industrial Claim Appeals Office - 11/9/1995
In this workers' compensation case, petitioners, Lindner Chevrolet and the Colorado Compensation Insurance Authority, seek review of the final order of the Industrial Claim Appeals Panel awarding claimant temporary total and permanent...
Aetna Casualty & Surety Co. v. McMichael - 10/30/1995
EN BANC
We granted certiorari to review the Colorado Court of Appeals' decision in McMichael v. Aetna Insurance Co., 878 P.2d 61 (Colo. App. 1994), which reversed the trial court's grant of summary judgment for the defendant,...
Teiken v. Reynolds - 9/28/1995
In this consolidated appeal, plaintiffs, Karen Teiken, Grace Williamson, Linda White, and Brenda Hearing, appeal from the trial courts' judgments dismissing their deceptive trade practices claims against defendants Dr. Craig Reynolds,...
Postlewait v. Midwest Barricade - 9/28/1995
Robert Postlewait (claimant) seeks review of a final order of the Industrial Claim Appeals Panel (Panel) awarding him temporary total disability benefits for approximately 3 months, and allowing respondents, Midwest Barricade...
Allstate Insurance Co. v. Smith - 9/25/1995
EN BANC
We granted certiorari in Allstate Insurance Co. v. Smith, 879 P.2d 458 (Colo. App. 1994), to decide whether the court of appeals erred in concluding that mileage costs for transportation to and from health care...
Connecticut General Life Insurance Co. v. A.A.A. Waterproofing Inc. - 9/14/1995
In this garnishment proceeding to determine coverage under a liability insurance policy, plaintiff-garnishor, Connecticut General Life Insurance Company (CGLIC) appeals the judgment entered on the pleadings in favor of...
Dewey v. Hardy - 9/14/1995
In this wrongful death action, defendants, Charlene and William G. Hardy, appeal a judgment entered upon a jury verdict in favor of plaintiff, William Dewey. Plaintiff cross-appeals a post-verdict reduction of his damages. We affirm in...
Miller v. Byrne - 8/24/1995
In this action for bad faith breach of insurance contract, legal malpractice, and breach of fiduciary duty, defendants, Southern Aviation Insurance Group, Inc., (Southern) and Thomas Byrne, William White, and Byrne, Kiely & White...
Bilawsky v. Faseehudin - 8/24/1995
In this medical malpractice action, plaintiff, Margaret Bilawsky, and her attorneys, Don, Hiller & Galleher, P.C., and J. Michael Dowling & Associates, P.C., appeal the trial court's order awarding defendant Mohammed Faseehudin...
Pizza Hut of America Inc. v. Keefe - 6/30/1995
EN BANC
The respondents Ray and Paula Keefe brought this action against Pizza Hut of America, Inc., Orson Thomas and Ronald Pulda (collectively "petitioners" or "Pizza Hut"), seeking damages for the wrongful death of their child,...
City of Northglenn v. Eltrich - 6/29/1995
.
The City of Northglenn (employer) and its insurer, the Colorado Compensation Insurance Authority (CCIA), seek review of a final order of the Industrial Claim Appeals Panel determining that Jeannine M. Eltrich (claimant)...
Aiken v. Peters - 6/29/1995
In this wrongful death action brought pursuant to § 13-21-201, C.R.S. (1994 Cum. Supp.), defendant, James D. Peters, appeals the judgment entered on a jury verdict in favor of plaintiffs, Steven R. Aiken, Sharon S. Aiken-Bevis, and...
Resolution Trust Corp. v. Heiserman - 6/26/1995
EN BANC
Pursuant to C.A.R. 21.1, this court has agreed to answer the following questions certified to it by the United States District Court for the District of Colorado (the district court):
A. Whether joint and several...
PDM Molding Inc. v. Stanberg - 6/26/1995
EN BANC
In PDM Molding, Inc. v. Stanberg, 885 P.2d 280 (Colo. App. 1994), the court of appeals reversed a decision of the respondent Industrial Claim Appeals Office (ICAO) awarding temporary total disability benefits to...
Rotenberg v. Richards - 6/15/1995
In this action to collect attorney fees, plaintiff, Lawrence Rotenberg, appeals from the summary judgment entered in favor of defendant, Robert M. Richards, based upon the statute of limitations. We affirm in part, reverse in part, and...
Farmers Insurance Exchange v. Sittner - 6/15/1995
Defendant, Eric Sittner, appeals from the declaratory judgment entered in favor of plaintiff, Farmers Insurance Exchange (Farmers). We affirm.
In 1990, Sittner was seriously injured when he was hit by an Arapahoe County dump...
Colby v. Progressive Casualty Insurance Co. - 6/15/1995
Defendant, Progressive Casualty Insurance Co., appeals from a summary judgment determining that plaintiff, R.W. Colby, as guardian for Dean L. Colby, an incapacitated adult, was entitled to recover additional rehabilitation benefits...
Evinger v. Greeley Gas Co. - 6/15/1995
.
The defendant, Greeley Gas Company (GGC), appeals the judgment entered on a jury verdict in favor of the plaintiff, Carrie E. Evinger. We reverse.
Evinger was injured in an automobile accident which occurred when a truck...
Evans v. Colorado Permanente Medical Group - 2/23/1995
In this medical malpractice action, defendants, Colorado Permanente Medical Group, P.C., David M. Guidot, M.D., Joan Bodak, and Bonnie Rickie, appeal the judgment entered upon a jury verdict awarding damages for the wrongful death of...
Cuny v. Vail Associates Inc. - 2/23/1995
In this personal injury action, plaintiff, Richard J. Cuny, appeals the summary judgment entered in favor of defendant, Vail Associates, Inc. We affirm.
Plaintiff suffered injuries while riding on a bobsled furnished by defendant...
United Fire & Casualty Co. v. Armantrout - 2/23/1995
Defendant, Robert J. Armantrout, Sr., was injured in two separate accidents, both of which occurred while in the course of his employment. His employer, Combined Insurance Company of America, its insurer, National Union Fire Insurance...
Regional Transportation District v. Voss - 2/21/1995
EN BANC
In Voss v. Regional Transportation District, No. 92CA1206 (Colo. App. July 29, 1993) (not selected for official publication), the court of appeals held that the three-year statute of limitations established by section ...
Espander v. Cramer - 2/9/1995
Plaintiff, Connie Espander, appeals the judgment dismissing her claim against defendant, Lester Cramer, M.D., P.C., for failing to comply with a court order directing her to file a certificate of review pursuant to § 13-20-602, ...
Cheyenne County Nursing Home v. Industrial Claim Appeals Office - 2/9/1995
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Petitioners, Cheyenne County Nursing Home and Colorado Compensation Insurance Authority, appeal from the final order of the Industrial Claim Appeals Panel which directed that they must provide an electric stair glider in the...
Copper Mountain Inc. v. Poma of America Inc. - 2/6/1995
EN BANC
JUSTICE SCOTT delivered the Opinion of the Court.
We granted certiorari in Stubbs v. Copper Mountain, Inc., 862 P.2d 978 (Colo. App. 1993), to determine whether a violation of the good faith requirement of section...
Mehaffy - 1/30/1995
EN BANC
We granted certiorari to review Central Bank Denver, N.A. v. Mehaffy, Rider, Windholz & Wilson, 865 P.2d 862 (Colo. App. 1993). We affirm the court of appeals. Petitioners represented the town of Winter Park (Town)...
Lira v. Shelter Insurance Co. - 12/29/1994
Defendant, Shelter Insurance Company, appeals the judgment entered on a jury verdict in favor of plaintiff, Joel Lira, on a claim for bad faith failure to settle a previous personal injury claim against Lira. We reverse.
Lira was...
People v. Kolenc - 12/19/1994
Original Proceeding in Discipline
EN BANC
Per Curiam
A hearing board in this lawyer disciplinary proceeding concluded that the respondent had violated the Code of Professional Responsibility in eight separate...
People v. Murray - 12/19/1994
Original Proceeding in Discipline
EN BANC
A hearing panel of the Supreme Court Grievance Committee unanimously approved the findings of fact of a majority of the hearing board and the recommendation that the respondent be...
Board of County Commissioners v. Colorado Counties Casualty and Property Pool - 12/15/1994
In this action contesting the denial of coverage under a liability insurance policy, plaintiff, Board of County Commissioners of Fremont County (County), appeals the summary judgment entered in favor of defendant, Colorado Counties...
Newell v. Engel - 12/15/1994
In this action for medical malpractice, plaintiff, Linda D. Newell, appeals a judgment dismissing her claims against defendant, Tibor Engel, for failing to comply with an order for psychiatric examination. We affirm.
The original...
Rodriguez v. Schutt - 12/15/1994
In this negligence action to recover damages for personal injuries, defendant, John W. Schutt (landlord), appeals the judgment entered on a jury verdict in favor of plaintiffs, James (husband) and Yolanda (wife) Rodriguez (collectively...
Rose Medical Center v. State Farm Mutual Automobile Insurance Co. - 12/1/1994
In this action to enforce a statutory hospital lien, defendant, State Farm Mutual Automobile Insurance Company (State Farm), appeals the summary judgment entered in favor of plaintiff, Rose Medical Center (Rose), enforcing the lien. We...
People v. Bengert - 11/29/1994
Original Proceeding in Discipline
EN BANC
Per Curiam.
This is a reciprocal attorney disciplinary proceeding brought pursuant to C.R.C.P. 241.17(d) (discipline imposed by a foreign jurisdiction). The respondent and...
Warwick v. State Farm Mutual Automobile Insurance Co. - 11/17/1994
Plaintiff, Rebecca Warwick, initiated this action against defendant, State Farm Mutual Automobile Insurance Company, asserting various causes of action, including claims brought pursuant to § 10-4-708, C.R.S. (1994 Cum. Supp.), for...
City of Colorado Springs v. Board of County Commissioners of County of Eagle - 11/17/1994
In this action pursuant to C.R.C.P. 106, and C.R.C.P. 57, defendants, Eagle County; the Eagle County Board of Commissioners; George A. Gates, Johnette Phillips, and James E. Johnson, in their official capacities as individual...
Lopez v. Regional Transportation District - 11/17/1994
In this action to recover damages for personal injuries, plaintiff, Jose Lopez, appeals from the judgment that dismissed with prejudice his complaint against defendant, Regional Transportation District (RTD). We affirm in part, reverse...
Harmon v. James - 11/17/1994
.
This action for bad faith breach of an insurance contract was initiated by plaintiff, Carla M. Harmon, against defendant, Fred S. James & Co. of Colorado, Inc., as the result of a series of disputes over the processing of...
Farmers Insurance Exchange and Truck Insurance Exchange v. Wiglesworth - 11/17/1994
Plaintiffs, Farmers Insurance Exchange (Farmers) and Truck Insurance Exchange (Truck), appeal: (1) the summary judgment which held that defendant Richard L. Wiglesworth was entitled to insurance coverage under their policies as a...
Union Insurance Company v. Houtz - 11/7/1994
We granted certiorari to review an order by the court of appeals in Houtz v. Union Insurance Co., 865 P.2d 847 (Colo. App. 1993), which reversed summary judgment in favor of Union Insurance Company (Union). The court of appeals held...
Glover v. Southard - 11/3/1994
Plaintiffs, Lavern and Athlyn Glover, appeal the trial court's judgment dismissing with prejudice their complaint against defendant, William Southard, for failure to state a claim. We affirm.
Defendant, an attorney employed by a...
Jackson v. Moore - 9/29/1994
In this negligence action, defendants, Larry G. Moore and Wal-Mart Stores, Inc., appeal a judgment entered on a jury verdict in favor of plaintiff, James A. Jackson, an award of costs for the trial, and an award of attorney's fees for...
Lewis v. Keim - 9/22/1994
Plaintiffs, Jane C. and Richard A. Lewis, appeal the order dismissing their action against defendant, Noel P. Keim. We affirm.
Plaintiffs were Colorado residents when they brought this personal injury action. They subsequently...
Unigard Mutual Insurance Co. v. Mission Insurance Co. - 9/22/1994
In this declaratory action, both the plaintiff, Unigard Mutual Insurance Co. (Unigard), and the defendant, Mission Insurance Co. (Mission), appeal from the judgments dismissing certain claims that each party had asserted against the...
People v. Dillings - 9/19/1994
Original Proceeding in Discipline
This attorney discipline case comes to us on a stipulation, agreement, and conditional admission of misconduct entered into between the respondent and the assistant disciplinary counsel. In the...
People v. Walsh - 9/12/1994
Original Proceeding in Discipline
Per Curiam
This consolidated attorney disciplinary proceeding is based upon two separate complaints filed by the disciplinary counsel of the Colorado Supreme Court Grievance Committee...
Smith v. Zufelt - 9/12/1994
In this case we are called upon to decide the appropriate amount of settlement proceeds, if any, that should be offset from a jury award when a plaintiff has both settled with a nonparty and successfully litigated claims for the same...
State Board of Medical Examiners v. McCroskey - 9/12/1994
In Colorado State Board of Medical Examiners v. McCroskey, No. 92CA1433 (Colo. App. June 17, 1993) (not selected for publication), the court of appeals reversed the final order of the Colorado Board of Medical Examiners (the Board)...
State Farm Mutual Automobile Insurance Co. v. McMillan - 9/8/1994
This is a declaratory judgment action to determine the availability of uninsured motorist benefits. Petitioner, State Farm Mutual Automobile Insurance Company, appeals from the trial court's order vacating a summary judgment entered in...
County Workers Compensation Pool v. Folk - 9/8/1994
In this subrogation action to recoup workers' compensation benefits paid to its claimant in connection with an automobile accident, plaintiff, the County Workers Compensation Pool, appeals from the summary judgment dismissing the...
Hembry v. Industrial Claim Appeals Office - 6/16/1994
Tyle E. Hembry, claimant, seeks review of a final order of the Industrial Claim Appeals Panel insofar as it failed to assess liability against the Subsequent Injury Fund (SIF). We affirm.
Initially, we note that a full and final...
Jefferson County School District v. Goldsmith - 6/16/1994
This is a declaratory judgment action to determine whether personal injury protection (PIP) benefits are payable under the Colorado Auto Accident Reparations Act (No-Fault Act), § 10-4-701, et seq., C.R.S. (1987 Repl. Vol. 4A), to a...
People v. Butler - 6/6/1994
A hearing panel of the Supreme Court Grievance Committee voted to approve the findings of a hearing board that the respondent had violated the Code of Professional Responsibility. The panel also approved the board's recommendation that...
Deneau v. the - 6/2/1994
In this consolidated wrongful death action, plaintiffs, Peggy Deneau, individually and on behalf of the heirs of Evan Deneau, deceased, and Robert and VerJean Francoeur, individually and on behalf of the heirs of Sharon M. Francoeur,...
Ablin v. Richard O''Brien Plastering Co. - 6/2/1994
In this wrongful death action to recover damages for the death of their brother, plaintiffs, David Ablin and Debrah Ablin Ferley, appeal the summary judgment entered in favor of defendants. We affirm.
In their complaint,...
McDowell v. United States - 2/24/1994
Plaintiffs, Gordon R. and Carol A. McDowell, appeal from the summary judgment dismissing their claim for enforcement of a setback requirement against defendant, United States of America, on the grounds that the action is barred by the...
Aspen Drilling Co. v. Hayes - 2/24/1994
Defendant, Jo Hayes, a/k/a Josephine Hayes, appeals the judgment of the trial court in favor of plaintiff, Aspen Drilling Co., Inc. (Aspen Drilling), permitting foreclosure of a mechanic's lien on Hayes' property, denying Hayes' motion...
Ranger v. Fortune Insurance Co. - 2/24/1994
In this action to recover punitive and treble damages for an insurer's alleged bad-faith refusal to pay personal injury protection (PIP) benefits, plaintiff, Cliff Ranger, appeals from the summary judgment entered in favor of...
Taylor v. Goldsmith - 2/24/1994
This action arises from alleged defamatory statements made by defendant, Charlene Goldsmith. Plaintiff, Charles E. Taylor, appeals from the summary judgment dismissing his complaint as barred by the applicable statutes of limitation....
Scoggins v. Unigard Insurance Co. - 2/14/1994
We granted certiorari to determine whether a passenger in an automobile may recover personal injury protection (PIP) benefits under the driver's policy when the automobile involved in the accident is not described in the policy. In...
Sims v. Ottenhoff - 2/10/1994
In this personal injury action, plaintiff, James Sims, appeals from a summary judgment dismissing his claims against the defendants, George Ottenhoff and Herrick Garnsey. This appeal presents the sole issue of whether the directors of...
Travelers Indemnity Co. v. Howard Electric Co. - 2/10/1994
Defendants, Howard Electric Company, and various of its officers, related companies, and joint ventures (Howard), appeal the judgment of the trial court entered in favor of plaintiff, Travelers Indemnity Company (Travelers), and in...
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