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Judge, Colorado Court of Appeals · Born 1946
Colorado Special Districts Property & Liability Pool v. Lyons
Colorado Court of Appeals · 2012-03-02 · cited 20×
The case involved an appeal by William S. Lyons Jr. and William S. Lyons III from a district court order dismissing their bad faith breach of insurance contract claim against the Colorado Special Districts Property and Liability Pool and County Technical Services, Inc. (CTSI). The Pool had sought a declaratory judgment that it had no duty to defend or indemnify the Lyonses (who served on the board of a metropolitan district) in an underlying lawsuit brought by banks over bond sales, after initially agreeing to defend subject to a reservation of rights; the Lyonses responded with counterclaims including bad faith. The Colorado Court of Appeals affirmed the dismissal under C.R.C.P. 12(b)(1), holding that the Colorado Governmental Immunity Act (CGIA) barred the claim. The court reasoned that bad faith breach of insurance is an independent tort subject to the CGIA, that both the Pool and CTSI qualify as public entities entitled to immunity, and that the Lyonses had not provided the required statutory notice or shown any waiver of immunity. The court remanded solely for a determination of attorney fees due to CTSI.
torts & liabilityprocedure
Zolman v. Pinnacol Assurance
Colorado Court of Appeals · 2011-03-03 · cited 78×
This case involved a workers' compensation claim filed by Charlotte Zolman after she suffered a lower back injury while employed as a personal companion. Pinnacol Assurance, the employer's insurer, admitted liability for certain benefits based on initial medical evaluations but later denied additional post-MMI care and other claims following opinions from authorized treating physicians and a division-sponsored independent medical exam that found Zolman had reached maximum medical improvement. After an administrative law judge ruled against Zolman's requests for a change of physician, post-MMI benefits, and permanent total disability, she sued Pinnacol for insurance bad faith; the district court granted summary judgment to Pinnacol. On appeal, the court affirmed, holding that Pinnacol reasonably relied on the consistent medical opinions of multiple physicians and the ALJ's order, with no triable evidence of bias or unreasonable conduct in claims handling. The court also upheld denial of Zolman's motion for reconsideration, as new evidence would not have altered the outcome.
labor & employmentbusiness & regulatorytorts & liability
People v. Hicks
Colorado Court of Appeals · 2011-02-17 · cited 178×
In People v. Hicks, the defendant appealed the denial of his motion to dismiss charges of aggravated sexual assault stemming from a 1992 attack, arguing that the ten-year statute of limitations in effect at the time had expired before charges were filed in 2006 and 2007. The court affirmed the district court's order, holding that a 2001 statutory amendment eliminating the limitations period for sexual assaults where the defendant's identity is determined by DNA and the offense was reported within ten years applies here. The assaults occurred after July 1, 1991, met the statutory criteria, and the prosecution was not yet time-barred when the amendment took effect in 2001. The court reasoned that applying the extended period did not violate the Ex Post Facto Clause because the original limitations period had not expired prior to the change in law.
criminal lawprocedure
Saturn Systems, Inc. v. Militare
Colorado Court of Appeals · 2011-02-17 · cited 49×
Saturn Systems, a debt collection agency, sued its former independent contractor sales agent, Delbert Militare, for misappropriation of trade secrets and breach of contract after terminating their agreement. Militare had been given access to Saturn's confidential client database and website containing debtor notes and account details; shortly after joining a competitor, he accessed fifteen client accounts and solicited one of Saturn's clients in violation of the agreement's confidentiality and nonsolicitation provisions. Following a bench trial, the court entered judgment for Saturn, awarding $525 in damages for investigation costs plus attorney fees and costs under the contract. The appellate court affirmed, holding that the evidence supported findings of breach and that the claimed damages were recoverable as a direct result of the violation. The court also granted Saturn's request for appellate attorney fees and remanded for determination of the amount.
business & regulatorytorts & liability
People v. Walker
Colorado Court of Appeals · 2011-02-17 · cited 2×
The case involved the prosecution appealing the dismissal of refiled domestic violence charges against Quincy Yarnell Walker, after the original charges were dismissed without prejudice when the victim failed to appear for trial. The Colorado Court of Appeals reversed the trial court's order dismissing the refiled charges, holding that it violated the speedy trial statute. The court reasoned that dismissal without prejudice resets the statutory six-month speedy trial period upon refiling of identical charges, unless the defendant affirmatively proves the prosecution dismissed and refiled to circumvent the speedy trial deadline, which was not shown here. The defendant had not objected to the without-prejudice dismissal and thus bore the risk of refiling.
criminal lawprocedure
People v. Brosh
Colorado Court of Appeals · 2010-09-13 · cited 188×
The case involved Jeffrey Brosh, who pleaded guilty to sexual assault on a child by one in a position of trust after providing alcohol to a twelve-year-old neighbor and committing sexual acts including oral sex and digital penetration. Brosh appealed the district court's order designating him a sexually violent predator (SVP) under section 18-3-414.5, C.R.S. 2009. The court affirmed the SVP designation, finding that Brosh promoted an existing relationship with the victim primarily for sexual victimization by inviting the child over, requesting a sleepover, providing alcohol on multiple occasions, and escalating the sexual contact. The district court also relied on the Sexual Offender Risk Scale evaluation and evidence of Brosh's alcohol use to conclude he was likely to reoffend under the circumstances specified in the statute.
criminal law