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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Harris v. City of Colorado Springs - 12/30/1993
Plaintiffs, Eric Harris and the Colorado Springs Police Protective Association (the Association), appeal the summary judgment entered in favor of defendants, City of Colorado Springs and Lorne C. Kramer, Chief of Police. We affirm. ...
Martinez v. St. Joseph Hospital and Nursing Home of Del Norte Inc. - 12/30/1993
In this premises liability action, plaintiff, Larry Martinez, appeals the judgment of the trial court which reduced his award of damages in favor of intervenor, State Compensation Insurance Authority (SCIA). We reverse and remand with...
Farmers Insurance Exchange and American States Insurance Co. v. District Court for Fourth Judicial District - 11/22/1993
Original Proceeding
In this original proceeding, petitioner Farmers Insurance Exchange asks us to prohibit the district court from hearing a declaratory judgment action brought by Patricia Neely against the petitioner, American...
Law Offices of J.E. Losavio v. Law Firm of Michael W. McDivitt - 11/15/1993
This action involves a dispute between attorneys over a contingency fee. Plaintiff, the Law Offices of J. E. Losavio, Jr. (Losavio), appeals from an order of the trial court confirming the apportionment of the fee between Losavio and...
Ballow v. Phico Insurance Co. - 11/15/1993
JUSTICE MULLARKEY delivered the Opinion of the Court.
We granted certiorari in this case to address several issues arising out of a medical malpractice insurance carrier's withdrawal from the Colorado market. The trial court, in...
Hernandez v. Woodard - 11/4/1993
In this action to recover damages for personal injuries sustained in a 1988 automobile accident, plaintiff, Luis Hernandez, appeals from the summary judgment entered in favor of defendant, Anna Woodard. We reverse and remand for...
Simon v. Coppola - 11/4/1993
Defendant Eaton Corporation (manufacturer) appeals a judgment entered on a verdict finding it partially liable for the plaintiffs' injuries. Plaintiffs, James and Marilyn Simon (homeowners), cross-appeal. Defendant Rob Coppola, d/b/a...
Anderson v. Brinkhoff - 9/27/1993
We granted certiorari to resolve an apparent conflict between the court of appeals decision below in Anderson v. Brinkhoff, 839 P.2d 487 (Colo. App. 1992), and Masdin v. Gardner-Denver-Cooper Industries, Inc., 689 P.2d 714 (Colo....
Yampa Valley Electric Association Inc. v. Telecky - 9/27/1993
This wrongful death action was brought by Gloria Telecky to recover damages for the electrocution death of her husband, Marvin, by electric power lines that were constructed and maintained by the Yampa Valley Electric Association...
Berger v. Dixon & Snow - 9/9/1993
Plaintiff, Andrea S. Berger, trustee in bankruptcy for W.D. Tripp and Mining Service Exchange, appeals from various rulings of the trial court dismissing all claims for relief against defendants, Dixon & Snow, P.C., and Rod W....
People v. Stauffer - 9/7/1993
Original Proceedings in Discipline
Per Curiam
In No. 91SA410, a hearing panel of the Supreme Court Grievance Committee approved the recommendation of a hearing board that the respondent in this attorney discipline...
Digliani v. City of Fort Collins - 8/19/1993
Plaintiffs, employees of the Fort Collins Police Department and their immediate family members, appeal the dismissal of their claims against defendants, City of Fort Collins; its Chief of Police; its Risk Manager; and Robert Ballard,...
Hayes v. District Court - 6/21/1993
In this original proceeding the petitioner, Nicole A. Hayes, seeks an order directing the respondent, the District Court in and for the City and County of Denver, to enter an order allowing the petitioner to be accompanied by her...
People v. Robinson - 6/7/1993
An inquiry panel of the Supreme Court Grievance Committee approved a stipulation, agreement, and conditional admission of misconduct entered into between the respondent and the assistant disciplinary counsel. The relevant portions of...
Bond v. E.I. Du Pont De Nemours and Co. - 6/3/1993
In these consolidated actions to recover for personal injuries, plaintiffs, Krista Bond, Susan K. Baumgartner, Holly D. Nemitz, Kathleen A. Rutland, Paul Sidey, Verna Weatherly, and Ginger Walker Wray, appeal the judgment of dismissal...
Shelter Mutual Insurance Co. v. Thompson - 5/24/1993
JUSTICE VOLLACK delivered the Opinion of the Court.
Petitioners Shelter Mutual Insurance Company and Shelter General Insurance Company (referred to collectively as Shelter) petition from the court of appeals opinion in Thompson...
Rutenbeck v. Grossenbach - 5/20/1993
Petitioner, attorney Blaine A. Rutenbeck, appeals from an order entered by the trial court awarding a full one-third share of a contingent fee recovered in an underlying case to intervenor Sharon W. Grossenbach, as assignee of attorney...
Dyke v. Industrial Claim Appeals Office - 5/20/1993
Phyllis Van Dyke, claimant, seeks review of a final order of the Industrial Claim Appeals Panel determining that she was not entitled to temporary disability benefits subsequent to October 13, 1986, the date she reached maximum medical...
People v. Farrant - 5/17/1993
Original Proceeding in Discipline
Per Curiam
A hearing panel of the Supreme Court Grievance Committee approved the findings and recommendation of a majority of the hearing board that the respondent be suspended from the...
In re Marriage of Simon - 5/6/1993
In this dissolution of marriage action, Karin J. Simon (wife) appeals the permanent orders for property division, maintenance, and attorney fees. Ned A. Simon (husband) cross-appeals the orders for property division. We reverse and...
Westfall v. Town of Hugo - 3/25/1993
Plaintiff, Gilbert O. Westfall, appeals from the judgment entered on a jury verdict dismissing his claim for damages allegedly caused by a fire emanating from a sanitary landfill operated by the defendant, Town of Hugo. He argues that...
Trujillo v. Farmers Insurance Exchange - 3/25/1993
Defendant, Farmers Insurance Exchange (Farmers), appeals from a trial court judgment finding it liable under a policy of insurance for injuries sustained by the plaintiff, David R. Trujillo, from an accident with a trailer jack. We...
Bath Excavating & Construction Co. v. Wills - 3/15/1993
In Wills v. Bath Excavating & Construction Co., 829 P.2d 405 (Colo. App. 1991), the court of appeals reversed the trial court's order granting summary judgment in favor of the petitioners, Bath Excavating and Construction Company...
Trinity Broadcasting of Denver Inc. v. City of Westminster - 3/15/1993
Trinity Broadcasting of Denver, Inc. (Trinity) appeals the district court's granting of summary judgment in favor of the City of Westminster (Westminster) dismissing Trinity's claims under the Governmental Immunity Act and for inverse...
Scoggins v. Unigard Insurance Co. - 12/31/1992
In this action for damages resulting from an auto accident, defendant, Unigard Insurance Company, appeals from a judgment entered in favor of plaintiff, Angelique Scoggins, finding Unigard obligated to pay benefits to Scoggins under...
Harless v. Geyer - 12/31/1992
In this personal injury case, plaintiff, Jennifer Harless, appeals the summary judgment entered in favor of defendant, Herbert Geyer, on plaintiff's claims for negligence and negligence per se. We affirm.
Plaintiff was injured...
Ventura v. Albertson''s Inc. - 12/17/1992
The plaintiff, Charles R. Ventura, III, appeals from the district court's summary judgment dismissal of his tort action against his employer, Albertson's, Inc., and certain of his co-employees for assault and battery, intentional...
Bertrand v. Board of County Commissioners of Park County - 12/17/1992
In this personal injury action, plaintiff, Cheryl Bertrand, appeals from the judgment which dismissed her negligence claims against defendant, the Board of County Commissioners of Park County (the County). We affirm.
The...
Reider v. Dawson - 12/3/1992
In this personal injury action arising from an alleged automobile accident, plaintiffs, Garland Willard Reider and Victoria Cordova Reider, appeal from the summary judgment which dismissed their claims against defendants, Robert Dennis...
United States Fidelity & Guaranty Co. v. Budget Rent-A-Car Systems Inc. - 12/1/1992
We granted certiorari to determine whether the court of appeals, in United States Fidelity & Guaranty Co. v. Budget Rent-A-Car Systems, Inc., 829 P.2d 478 (Colo. App. 1991), erred in holding that an automobile rental company's...
Armentrout v. FMC Corp. - 11/23/1992
This case arises from an accident in which Lynn Armentrout was crushed between a stationary truck base and the rotating superstructure of a crane manufactured by FMC Corporation (FMC). Armentrout incurred severe injuries as a result of...
Mile Hi Concrete Inc. v. Matz - 11/23/1992
JUSTICE ERICKSON delivered the Opinion of the Court.
CHIEF JUSTICE ROVIRA concurs in part and Dissents in part, and JUSTICE VOLLACK joins in the concurrence and Dissent.
JUSTICE QUINN does not participate.
This is a...
Waters v. Keelan - 11/23/1992
JUSTICE LOHR delivered the Opinion of the Court.
CHIEF JUSTICE ROVIRA specially concurs.
This case arises from an accident in which plaintiff Patrick K. Keelan was injured when he was struck by a pallet jack that rolled off...
Carter v. Lovelace - 11/19/1992
Plaintiff, Jay M. Carter, III, appeals from the judgment entered following a jury trial. We reverse and remand with directions.
In August 1989, plaintiff was driving westbound on a two-lane highway, behind a vehicle towing a...
Quigley v. Jobe - 11/19/1992
In this action for medical malpractice, plaintiffs, Virginia and James Quigley, appeal a judgment entered on a jury verdict in favor of defendant, William Jobe. We affirm.
Virginia Quigley was referred to defendant with a lump in...
Kepley v. Un Son Kim - 11/5/1992
In this personal injury action, plaintiff, Jerry W. Kepley, appeals from the judgment entered upon a jury verdict in his favor against defendant, Un Son Kim. We affirm in part, reverse in part, and remand for a retrial on damages. ...
Boyer v. Ito Packing Co. - 8/27/1992
In this negligence action, plaintiff, Stephen C. Boyer, appeals from the trial court's denial of his motion to amend his complaint to include a claim for relief against defendant, Ito Packing Company, Inc., under the Colorado Auto...
Professional Affiliates Co. v. Farmers Insurance Group - 8/6/1992
Defendant and third-party plaintiff, Steven J. Bibeau, appeals the summary judgment entered against him on his claim against third-party defendants, Farmers Insurance Group and Mid-Century Insurance Co. (insurers). We reverse and...
Morgan v. Board of Water Works of Pueblo - 7/30/1992
In this personal injury action to recover damages for negligence, defendant, Board of Water Works of Pueblo appeals from the judgment entered upon a jury verdict in favor of plaintiffs, Clifford R. and Gladys Morgan. We affirm. ...
State Farm Mutual Automobile Insurance Co. v. Broadnax - 3/23/1992
State Farm Mutual Automobile Insurance Company (State Farm) appeals from two district court orders in two unrelated actions. In each action, State Farm challenged the constitutionality of section 10-4-708(1.5), 4A C.R.S. (1990...
United Blood Services v. Quintana - 3/23/1992
In Quintana v. United Blood Services, 811 P.2d 424 (Colo. App. 1991), the court of appeals reversed a judgment entered on a jury verdict for the defendant, United Blood Services (UBS), in a negligence action brought by the...
Jenks v. Sheriff Patrick Sullivan - 3/10/1992
CHIEF JUSTICE ROVIRA delivered the Opinion of the Court.
We granted certiorari to review the court of appeals decision in Jenks v. Sullivan, 813 P.2d 800 (Colo. App. 1991), affirming the trial court's order granting summary...
Eckhardt v. Village Inn - 3/10/1992
We granted certiorari to consider whether the court of appeals erred in affirming the decision by the Industrial Claim Appeals Office (Panel) to terminate future worker's compensation benefits payable to the claimant, Richard K....
Villandry v. Gregerson - 12/19/1991
In this negligence action to recover damages arising from an automobile collision, plaintiff, Melinda Jane Villandry, appeals the judgment entered against defendant, Mitchell Gregerson. Plaintiff contends the verdict is inadequate as a...
Kennedy v. Aerr Co. - 12/19/1991
Plaintiffs, Mary and Charles Kennedy, appeal the judgment in favor of garnishee, Admiral Insurance Company (Admiral). We affirm.
Plaintiff Mary Kennedy was injured in a car accident when her car skidded on a patch of oil. The oil...
Passamano v. Travelers Indemnity Co. - 12/19/1991
In this action for declaratory relief and damages, plaintiff, Antonio Passamano, appeals from the summary judgment entered for defendants, North-West Leasing Corporation, National Car Rental System, Incorporated, and Travelers...
Great Plains Insurance Co. v. Angerman - 12/19/1991
In this declaratory judgment action instituted by plaintiff, Great Plains Insurance Co. (Great Plains), the trial court granted summary judgment to it after concluding that it was not liable under either of two insurance policies...
Martin v. Principal Casualty Insurance Co. - 12/5/1991
The defendant, Budget Rent-a-Car (Budget) appeals the summary judgment entered in favor of plaintiffs, Alvin and Susan B Martin and Thomas G. and Ollace M. Williams, relative to its obligations to plaintiffs under the Colorado Auto...
Bowman v. Songer - 11/25/1991
We granted certiorari to review Songer v. Bowman, 804 P.2d 261 (Colo. App. 1990). The issues before us are: 1) whether there is a time limitation under C.R.C.P. 59 for filing a motion to reconsider the trial court's order granting...
In re Marriage of Paul - 11/21/1991
In this dissolution of marriage proceeding, John Michael Paul (husband) appeals from that part of the judgment relative to the interest of Dana Charmion Paul (wife) in Writer Development, Ltd., a Colorado general partnership. We...
Sewell v. Public Service Co. - 11/21/1991
Plaintiff, Sheila Sewell, on behalf of herself and her children, instituted an action for the alleged wrongful death of her husband against defendant, Public Service Company of Colorado (PSC). The claim was based on her assertion that...
Brown v. Teitelbaum - 11/7/1991
In this medical malpractice action, plaintiffs, Glenna Alberta Brown, Marcie Joanne Brown, and Amy Joyce Brown, appeal from the summary judgments dismissing their claims against defendants, Isaac Teitelbaum, M.D., University Hospital,...
Grahn v. Truck Insurance Exchange - 9/26/1991
The plaintiff, Bonnie Grahn, appeals the summary judgment entered in favor of the defendant, Truck Insurance Exchange, the insurer. She contends the trial court erred in ruling that she failed to provide adequate proof of her wage loss...
Perkins v. Greenberg - 9/26/1991
Plaintiff, Carolyn L. Perkins, appeals the summary judgment dismissing her personal injury claim against defendant, David C. Greenberg, a physician. Such judgment was entered because the trial court concluded that defendant owed to...
Klancke v. Smith - 9/26/1991
Plaintiffs, Kim Klancke, Kirk Klancke, Kit Klancke, and Jill Klancke Cook (children), appeal from a summary judgment entered in favor of defendants, Peter M. Smith, Susan Y. Young, and Peter M. Smith and Susan Y. Young Law Offices, on...
Seaward Construction Co. v. Bradley - 9/23/1991
The issue presented by this case is whether a plaintiff who is awarded punitive damages in a personal injury action is entitled to prejudgment interest on those damages. The district court ruled that prejudgment interest cannot be...
Homestake Enterprises Inc. v. Oliver - 9/23/1991
This is a certiorari proceeding initiated by petitioner Homestake Enterprises, Inc. (Homestake), to review the court of appeals decision in Oliver v. Homestake Enterprises, 800 P.2d 1331 (Colo. App. 1990). In Oliver, the court held...
American Family Mutual Insurance Co. v. Johnson - 9/16/1991
In American Family Mutual Insurance Co. v. Johnson, 796 P.2d 43 (Colo. App. 1990), the Colorado Court of Appeals held that a clause of a homeowner's liability insurance contract excluding injuries "intended or expected" from the...
County Workers Compensation Pool v. Davis - 9/16/1991
The question in this case is whether a workers' compensation insurer that has paid workers' compensation benefits to a worker for injuries sustained in the course of employment may be assessed a portion of the worker's attorney fees...
Sigman v. Seafood Limited Partnership I and Seafood Enterprises Inc. - 9/16/1991
The heirs of Curtis Sigman (plaintiffs) appeal the district court's dismissal of their wrongful death action based on its ruling that section 12-47-128.5, 5 C.R.S. (1990 Supp.), precluded the plaintiffs' claims and that the statute...
Miller v. Armstrong World Industries Inc. - 9/16/1991
The United States Court of Appeals for the Tenth Circuit, pursuant to C.A.R. 21.1, certified the following question of law:
Does discovery of an initial asbestos-related disease (in this case asbestosis-related pleural disease...
819 P.2d 1107 (Colo.App. 09/12/1991)
[1]
Colorado Court of Appeals
[2]
No. 90CA1700
[3]
819 P.2d 1107 - 9/12/1991
The respondent (mother), whose parental rights to her three children were previously terminated, seeks reversal of the trial court's order denying her access to the court file of her termination proceedings. We reverse.
After a...
Pedlow v. Stamp - 9/12/1991
Plaintiff, Gertrude Pedlow, appeals from the order of the trial court awarding attorney fees and costs to defendant, Dale Stamp, pursuant to ยง 13-17-102, C.R.S. (1987 Repl. Vol. 6A). We reverse.
In 1983, the City of Colorado...
Fenton v. Fibreboard Corp. - 9/12/1991
Defendants, Fibreboard Corporation and Owens-Illinois, Inc., appeal the judgment entered on a jury verdict in favor of plaintiff, E. Jeane Fenton. Defendants also appeal the trial court's award of costs and partial denial of a set-off....
In re Marriage of Smith - 8/29/1991
This case presents a question of first impression in Colorado: Whether an unliquidated workers' compensation claim is marital property subject to distribution upon dissolution. The trial court ruled that since the husband's entitlement...
Hartford Fire Insurance Co. v. Colorado Division of Insurance - 8/15/1991
The Hartford Fire Insurance Company (the Hartford) appeals the district court's judgment affirming in part the decision of the Commissioner of Insurance (the commissioner). The Colorado Division of Insurance (Division) cross-appeals...
Hines v. Denver and Rio Grande Western Railroad Co. - 8/15/1991
In this wrongful death action, defendants, The Denver and Rio Grande Western Railroad Company, engineer Donald Aksamit, and conductor Frank Danicic, appeal the trial court's judgment entered upon a jury verdict awarding compensatory...
Bush v. Roche Constructors Inc. - 8/15/1991
William G. and Colleen Bush, appeal from the summary judgment dismissing their complaint against defendants, Roche Constructors, Inc., and Francis Constructors, Inc., because their claims were not brought within six years of the date...
Jordan v. Bogner - 8/15/1991
Plaintiffs, Edna Jo and Michael Jordan, individually and on behalf of their minor son Joseph, appeal a judgment entered upon a jury verdict in favor of defendant, Phillip J. Bogner. Although defendant filed a notice of cross-appeal...
Voight v. Colorado Mountain Club - 8/1/1991
Plaintiff, Katherine Voight, appeals the judgment notwithstanding the verdict entered by the trial court in favor of defendant, Colorado Mountain Club (CMC). She also appeals the trial court's refusal to admit certain evidence and...
City Market Inc. v. Industrial Claim Appeals Office - 5/23/1991
City Market, Inc., the statutory employer, seeks review of a final order of the Industrial Claim Appeals Panel determining that Richard Heely, claimant, was entitled to temporary partial disability payments for his wage loss during the...
American Family Insurance Co. v. Barnett - 5/23/1991
Defendants, Gail F. and Gary Barnett, seek review of a declaratory judgment which held that the limit of payable benefits clause in their automobile insurance policy was valid and was properly applied to deduct, as collateral source...
Popovich v. Irlando - 5/20/1991
The question in this case is whether the co-employee immunity rule of workers' compensation law bars a tort claim filed in the county court by an employee seeking damages from a co-employee for the intentional infliction of emotional...
People v. Hellewell - 5/20/1991
In this attorney discipline proceeding, the respondent and the disciplinary counsel entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the Supreme Court Grievance...
Shelter Mutual Insurance Co. v. Tam - 5/20/1991
This is a certiorari proceeding initiated by Shelter Mutual Insurance Company (Shelter) to review the court of appeals decision in Tam v. Shelter Mutual Insurance Co., 786 P.2d 501 (Colo. App. 1990). The court of appeals held that...
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