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What to do if

What to do if you’re the Passenger in a Car Accident?

When you get into a car as a passenger, you are entrusting your life to the driver, and to the decision-making skills of every other person on the road. Experiencing a car or truck accident as a passenger can be even more scary, in some ways, than experiencing one as a driver, because you have no control and are vulnerable to every danger without the power to respond. Fortunately, if you have been injured as a passenger in a vehicle,
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What Are the Most

What Are the Most Dangerous Intersections in Colorado?

Colorado’s roads continue to be dangerous. In Denver, the volume of fatal traffic accidents has risen every year since 2005. In Colorado in 2015, there were 546 deaths, and these numbers rose to 605 and 630 in 2016 and 2017. This increase is occurring at a time when traffic safety awareness is higher than ever, seat belt use is higher than ever, and vehicles have more standard safety features than ever. In Colorado, fatalities at intersections continue to escalate from 112 in
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What Does a Plaintiff’s

What Does a Plaintiff’s Duty to Mitigate Damages Mean?

The law allows injured parties to pursue damages that can be proven with a reasonable level of certainty. Although some types of noneconomic damages may often be viewed as rather subjective and hard to quantify, damages that appear purely hypothetical or overly speculative are generally not recoverable. Often the process of determining losses is challenging and requires assistance to complete a valuation by experts such as a forensic accountant or economist. When parties in a claim begin reviewing and scrutinizing the losses
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What Questions Are Asked

What Questions Are Asked at Your Personal Injury Deposition?

A deposition, such as in an automobile accident case, is a formal process where you will be questioned by the opposing party’s legal counsel to gather potential evidence for the case. Depositions occur prior to trial and the venue is typically a conference room at one of the attorney’s offices or possibly at the office of the party to be deposed. Testimony in a deposition is conducted under oath and is transcribed by a court reporter or otherwise documented, and it may
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Was Faulty Road Design

Was Faulty Road Design a Reason for Your Accident?

Those on U.S. roadways as a motorist, bicyclist, or pedestrian are more likely to be killed in a traffic accident than from a fire, drowning, stroke, diabetes, or skiing. In Colorado, the number of traffic fatalities rose to over 600 in 2016 and in Denver the number of roadway deaths has increased each year since 2005. Shailen Bhatt, the executive director of the Colorado Department of Transportation (CDOT), says that the death toll is “not acceptable.” Motorists may underestimate the importance
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Make Your Car Safe

Make Your Car Safe with Relatively Inexpensive Add-Ons

Across the U.S. in 2017 there were 40,100 motor vehicle fatalities, which is just short of the 2016 total of 40,327. Approximately 4.57 million people suffered a serious injury resulting from a motor vehicle accident. Over the last twenty years, we have seen many significant safety features that have become standard equipment in vehicles including airbags, anti-lock brakes, and electronic stability control. The market today has many relatively inexpensive products that are available to add to your overall safety. Dash Cameras
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Things to Consider Before

Things to Consider Before Filing a Personal Injury Lawsuit

Courts across the U.S. are reporting increases from 2015 to 2016 in civil suits, with a 5% rise nationwide and 6.8% rise in Colorado. Many filers are pursuing financial compensation after incurring injuries from vehicle accidents, defective products, and more. As with any important decision, it is best to carefully consider whether to pursue a personal injury lawsuit. In injury cases, the first course of action is not typically a lawsuit. In vehicle accident cases the party that would pay a settlement
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What Happens When You

What Happens When You Are in a Car Accident in Another State?

As you travel through other states for a vacation or business, you may be involved in an out-of-state traffic accident. Here, we will look at how the processes may differ because you are located in a different state. Remember regardless where a crash occurs, you should immediately contact emergency responders if anyone is injured. The procedural and financial implications are secondary to the health and well-being of everyone. As long as you maintain auto insurance, you should be covered anywhere in the
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What is Your Car

What is Your Car Accident Claim Worth in Colorado?

Colorado continues to experience a rising volume of vehicle accidents, many of which are quite severe. From 2014 to 2016, the Department of Transportation reported that there was a 24 percent increase in crash fatalities. When a crash is based on a party’s negligence and there are injuries and/or significant property damage, grounds may exist for a claim of personal injury. In a personal injury action the plaintiff seeks to recover financial compensation to be “made whole” through a settlement
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Risk and Insurance: What

Risk and Insurance: What does Marijuana Mean for Personal Injury and Car Accident Claims? – Part 1

This blog is the first of two parts, which will discuss marijuana usage’s influence on car accidents and personal injury claims. A recent online Harris Poll surveyed over 2,000 individuals in the U.S. and revealed that over 98% of Americans felt that using social media and sending or receiving text messages while driving was dangerous, yet only 91% felt driving under the influence of marijuana was. Only 40% of respondents believed that marijuana usage was actually causing vehicle accidents. Several studies were
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Wrongful Death Lawsuit in

Wrongful Death Lawsuit in Colorado Springs, CO

A claim of wrongful death has been filed against the former leader of the El Paso County Republican Party regarding a 2017 vehicle accident that resulted in the death of a pedestrian and spurred some local controversy. The claim was filed in the Fourth Judicial District Court alleging that Trevor Dierdorff demonstrated negligence when he struck Mel Tolbert, the long-time owner of Platte Floral, while he was crossing a street in downtown Colorado Springs. The police had originally issued a traffic citation
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What You Need to

What You Need to Know from the Airth v. Zurich American Insurance Company Ruling

In Airth v. Zurich American Insurance Company, the Colorado Court of Appeals, Division II, was tasked with determining if the summary judgment ruling in the defendant’s favor was appropriate. Rickey Airth, the Plaintiff-Appellant, was injured in a vehicle accident when operating a tractor-trailer owned by the company he worked for—Solar Transport. The accident was the fault of an uninsured motorist. Solar Transport had an uninsured motorist policy in place at the time for $50,000 through Zurich American Insurance Company (“Zurich”), the
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What Vehicle Safety Features

What Vehicle Safety Features Add the Most Bang for the Buck?

The Insurance Institute for Highway Safety reports that nationwide there were 37,461 fatalities in motor vehicle accidents in 2016. The yearly cost associated with auto accidents is now estimated to be in excess of $240 billion. When considering these statistics, it should come as no surprise that there is a strong demand for new vehicle safety technology. Meanwhile, the automobile industry continues to progress toward autonomous (self-driving) vehicles and many new “smart” technologies have been implemented for safety purposes. Those
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What Evidence Do You

What Evidence Do You Need to Prove Your Car Accident & Personal Injury Claim? Part I

This is the first of a six-part series titled Evidence & Proving Your Car Accident Personal Injury Case. There were slightly over 600 traffic fatalities in Colorado in 2016 and 2017 and many more injuries, and the state’s population continues to grow, bringing additional motorists to the already-congested roadways. Most of these auto accidents involved negligence, and many times acts of negligence result in personal injury claims or lawsuits. Personal injury claims are civil matters that require plaintiffs to prove
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Tractor-Trailer Hits Fire Truck

Tractor-Trailer Hits Fire Truck

Often firefighters face dangerous situations long before actually encountering a blaze. A wreck involving a fire truck occurred recently on I-76 just east of Keenesburg. The engine of the Southeast Weld Fire Protection District was hit by a tractor-trailer sending four firefighters to the Platte Valley Medical Center Hospital in Brighton, CO. Fortunately, the truck was not hauling a trailer at the time of the accident. The department’s Chief Tom Beach informed Denver7 that the injuries ranged from those needing
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How Has the Claims

How Has the Claims Process Changed Over the Years?

This is the second of the series titled Proving Personal Injury & Digital Technology: Where We Are & Where We Want to Be, which looks at how digital technology is influencing personal injury litigation. Law practitioners are generally not on the “cutting edge” of technology for several reasons. Some reasons include how the legal profession tends to minimize risk potential, the sensitive and confidential nature of the information involved in their work, and that legal practice involves significant interaction and compliance with governmental
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Recent CO Crash is

Recent CO Crash is a Reminder of the Importance of Wearing a Seatbelt

Alcohol and speeding are believed to have played a role in a fatal accident in El Paso County. Charles Limbrick, a 44-year-old from Ramah, was killed in the crash along Highway 24. The Colorado State Patrol (CSP) said he was not wearing a safety belt when his truck left the roadway and flipped, leading to his death at the scene. Individuals from Woodmen Valley Chapel claimed he had been an active member of their spiritual community and he leaves behind his wife
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Three Pedestrian Holiday Accident

Three Pedestrian Holiday Accident in Denver Highlights Pedestrian Traffic Safety Concerns

Over Thanksgiving an accident occurred in Denver’s 16th Street Mall area. At approximately 2:30 p.m., a driver was exiting a parking garage area and passed through a gate and struck three pedestrians. John White, on behalf of the Denver Police Department, said there was no drug or alcohol usage involved. Investigators said that the injuries incurred were not life-threatening. The 16th Street Mall district is an extremely popular area that offers free shuttle bus rides, has horse-drawn carriages and pedi-cabs. There are
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Accidents While Holiday Shopping

Accidents While Holiday Shopping & What You Should Know

This is the third of a four-part series of articles discussing the many dangers that can lead to injuries, fatalities and property damage during the Thanksgiving holiday time. It has been well established that the U.S. mortality rate rises around Thanksgiving and remains heightened throughout the winter months. Much of this is based on the seasonal changes including colder weather and the impact of the flu; however, car accidents and coronary health problems, such as heart attacks, are also much
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Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Event & Venue Liability

This is the second of our two-part discussion, Civil Lawsuits Following the October 2017 Mass Shooting in Las Vegas. First, we looked at the potential liability of those in the gun industry (i.e., manufacturers) when their products are used in horrific criminal acts. We next examine potential liabilities that the hotel, resort, casino, and promoter of the concert may face. Ten survivors filed a negligence suit against the hotel, resort, casino, and promoter in Los Angeles County, seeking to recover damages
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Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Gun Industry Liability

This is the first of a two-part series concerning the recent mass shooting that left over 50 people dead and hundreds injured in Las Vegas when a gunman perched up in the hotel at the Mandalay Bay Resort & Casino opened fire on a massive concert event crowd below. The shooter is believed to have committed suicide moments after the assault. With the assassin now dead, who else may have potential civil liability associated with this tragedy? As with most of
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Studies Show Potential Correlation

Studies Show Potential Correlation Between Marijuana & Reductions in Opioid Deaths

New research by the American Journal of Public Health indicates that deaths associated with opioids have dropped in Colorado by 6%, just two years after recreational use of marijuana was legalized. This reduction in opioid-caused fatalities was the first of its kind in 14 years. Authors of the report did explain that their results thus far are still preliminary, as it is difficult to rely on data that merely spans a period of only two years. They feel that more research
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Who’s Responsible for Your

Who’s Responsible for Your Opioid Addiction? The Patient, the Doctor, or the Drug Companies?

The Center for Disease Control & Prevention stated that the U.S. had 33,091 deaths in 2015 related to opioids. The National Institute on Drug Abuse defines opioids as a class of drugs including prescription brands such as Percocet, Vicodin and Oxycontin, as well as synthetics including fentanyl, and the illegal drug heroin. In addition to relieving pain, these drugs are known to produce a “high” that creates their propensity for abuse. Colorado has unfortunately earned the second-ranking among states for highest rates
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Duty of Care Questioned

Duty of Care Questioned in Pedestrian Accident Claim in Colorado

Under Colorado law, plaintiffs must prove several things in claims of negligence. First, is that the defendant owed a duty of care to the plaintiff at the time. Once established, it must be determined this duty was breached. Lastly, a causal correlation existed between the defendant’s breach and the injuries incurred. Negligence may be demonstrated through an action, or a failure to take action, which leads to injury recoverable by the plaintiff. Whether a defendant owes a duty is a
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Vicarious Liability – Defective

Vicarious Liability – Defective Vehicle (Product Liability)

This is the fourth (final) part of our series involving vicarious liability. This legal concept potentially makes a vehicle owner liable for the negligent actions of another party, despite not being directly involved. We first looked at when a parent is liable for injuries caused by their child while driving, which involves the Family Car Doctrine. Next, we looked at employer liability for the negligence of their employees (respondeat superior) when operating in the scope of their employment. Lastly, we analyzed
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The Graves Amendment and

The Graves Amendment and Rental Car Liability

This is the third segment of a four-part series that addresses vicarious liability and vehicle accidents. Vicarious liability is a legal doctrine that applies in situations where a party is potentially liable for the harm caused by negligent actions of another, even if the first party did not demonstrate the negligence themselves. It applies in relationships, such as a parent being liable for actions of their child, or, among other examples, an employer being liable for the actions of an
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Vicarious Liability – Company

Vicarious Liability – Company Car (Respondeat Superior)

This is the second part of a series discussing vicarious liability; in particular, how it relates to the relationship between employers and employees. The respondeat superior doctrine makes an employer responsible for torts caused by their employees or others considered agents while operating within the scope of duties of their employment. Essentially, the employee is acting on behalf of the employer when the employer has control, or a right to control the employee’s actions. Another consideration is whether the employee’s actions intended
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Colorado Supreme Court to

Colorado Supreme Court to Decide on License Revocation Statute

The Colorado Supreme Court heard a case involving the admissibility of evidence used in a hearing regarding a driver’s license revocation. The case of Brian Rowland v. The Department of Motor Vehicles challenged the court to interpret the state’s statute. The question is whether the law requires that evidence provided from third-party sources outside of law enforcement must be in the form of an affidavit and sworn to under oath. Rowland was stopped by police who said he was crossing the yellow lane markers
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Vicarious Liability – Borrowing

Vicarious Liability – Borrowing a Car

Does my insurance cover someone who borrows my car? Whose insurance would pay a claim if the borrower was involved in an accident? These are some questions that will be covered in this four-part Vicarious Liability series. According to Jeanne Salvatore, a spokesperson for the Insurance Information Institute, usually when you lend someone your vehicle, your insurance will cover potential costs of an accident. She noted that the vehicle owner must have granted the borrower permission to use the vehicle–which may be granted verbally.
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Arvada 7-Car Crash: Driver

Arvada 7-Car Crash: Driver Who Caused it Used Meth

Christopher Farr, a 43-year-old man from Arvada, was traveling in his Cadillac SUV on Ward Road when he crashed into a Ford F150 pickup causing a multi-car accident that took his life and the lives of three others. It was determined that Farr was under the influence of methamphetamine at the time. Jill McGranahan of the police department explained that it was determined he had 400 nanograms of the drug in his system. Farr, who would have potentially faced criminal charges, had
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3 Fatalities Following SUV

3 Fatalities Following SUV Collision With a Bear on I-70

The Colorado State Patrol (CSP) reported that an SUV hit a bear while traveling on I-70 near Rifle, Colorado that killed three people. After striking the bear, the SUV spun into the opposing lanes of the highway. There were seven people in the vehicle, four of which were taken to hospitals. The bear was killed in the collision and investigators do not suspect alcohol or speed contributed to the accident. This incident is a reminder of the danger along the roadways in
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Who is Responsible for

Who is Responsible for Victims of Road Rage?

This is the third segment of our Who is Responsible series that addresses major roadway safety concerns. We have all witnessed incidents involving “road rage” at some point. Angry or aggressive drivers are seen yelling, making gestures, or brake checking. Some incidents have gone much further, leading to property damage, injuries and even death. Reported instances are rising, according to the Colorado State Patrol (CSP). Captain Jeff Goodwin explains that some drivers are quite dangerous at times. We will look at current data
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Who is Responsible for

Who is Responsible for Victims of Hit-and-Run Accidents?

In this second segment of the Who is Responsible series, we discuss another major roadway safety concern in Colorado. Hit-and-run accidents are a disturbing trend where motorists involved in collisions choose to immediately flee the scene. We will look at recent local examples, review data indicating the scope of the problem, insurance considerations, potential civil and criminal liability, and laws and actions being taken. Recent Denver Incidents Police in Denver are searching for a driver who collided with a pedestrian at 20th and Blake.
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Who is Responsible for

Who is Responsible for Victims in Police Car Chases?

This is the first of several Who is Responsible articles about circumstances that contribute to accidents, injuries & deaths on Colorado roadways. The first involves instances when law enforcement vehicles chase (pursue) other vehicles. Although popular in movies, these situations are a very dangerous reality. We will review a recent Colorado Springs incident, discuss Supreme Court opinion, address police pursuit policy development, and analyze policies at several enforcement agencies here in Colorado. Five individuals in Colorado Springs remained in the hospital after
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Truck Driver Alleges He

Truck Driver Alleges He Was Terminated for Refusing to Text While Driving

Over the last few years, new laws regarding distracted driving have been added all across the nation as many Americans are simply using their mobile devices constantly. A 2016 California-based survey indicated that 44% of people feel that texting while driving is the most dangerous form of distracted driving. Over 50% of respondents stated that they had been involved in a collision, or nearly in a crash because another driver was using a mobile device. In fact, the problem is so worrisome
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Denver Man Found Dead

Denver Man Found Dead in Elevator Had Twice Used Emergency Notification System

Isaak Komisarchik, an 82-year-old Denver man, died in a parking garage elevator recently, although he had twice pushed the emergency notification button. Komisarchik, who was believed to have dementia, was unable to exit the elevator and was discovered by maintenance staff after residents complained of an odor in the area. The man’s reduced mental state is believed to have played a role in his inability to exit the car. The Denver Fire Department made the discovery in the garage, which is adjacent
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Wrongful Death Claim Disputed

Wrongful Death Claim Disputed in Fatal Boat Accident

David Dyer was operating a speedboat recently that was in a collision with a bass boat which killed Danny Phillips and Shawn Lanier on Lake Murray in South Carolina. Dyer survived and denies acting in a negligent manner when the crash occurred. The family for Lanier filed a wrongful death claim against Dyer citing reckless operation of the boat and for failing to assist those aboard the other boat when the accident occurred. Meanwhile, Dyer has filed a claim against the Phillips’
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Wrongful Death Case Involving

Wrongful Death Case Involving Teenager Who Died in Vail Avalanche On Hold

When a child dies, many parents feel as if an integral part of them has died. Immense feelings of sadness and grief plague bereaved parents in a manner that is unparalleled. However, in the event that a child’s death could have been prevented – which is also known as a wrongful death – these feelings are exponentially magnified. In the nation, parents are able to file a lawsuit against any individual, organization or entity that they believe to be legally
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U.S Cities Increasingly Facing

U.S Cities Increasingly Facing Civil Liability Suits for Injuring & Killing Dogs

A U.S. law enforcement officer shoots a dog on average every 98 minutes; in fact, roughly 10,000 pet dogs are killed this way each year. In Colorado & Texas, enacted laws require officer training on being humane toward animals. The Cincinnati Enquirer reports that since 2010, the city’s police department has either used a taser or a gun on a dog on at least 82 occasions, roughly once per month. Of those 82 dogs, 25 of them were killed, most involved a
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What Property & Assets

What Property & Assets Are Protected From a Wrongful Death Civil Judgment?

O.J. Simpson was recently granted release via parole from a Nevada prison. He still owes a $33.5 million civil judgment in the wrongful death case involving Nicole Brown and Ronald Goldman. The judgment was renewed in 2015 for an additional ten-year period. What property and assets are shielded from such civil judgments? Some states allow those awarded a judgment to garnish the earnings of individuals. Simpson maintains residency in Florida, which limits garnishments to 25% of earnings. The state also has strong “homestead” laws
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Wrongful Case Filed on

Wrongful Case Filed on Behalf of Colorado Woman Following Fatal Accident

An 18-year-old man from Santa Fe, NM, is alleged to have been responsible for the death of Corrina Vaden, an Aurora, CO woman while operating a vehicle under the influence of alcohol in a severe crash which also injured two other passengers. Luke Griffin is facing criminal charges of vehicular homicide, DUI, and others, and was reported to have been well beyond the legal limits for being impaired. New Mexico’s alcohol threshold for operating a vehicle is merely .02 for those under
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Wrongful Death Case Underway

Wrongful Death Case Underway Regarding Aspen Whitewater Rafting Accident on the Roaring Fork River

Paul Sizemore and his wife Jennifer Lenze were vacationing from California and went on a whitewater rafting trip hosted by Blazing Adventures in Aspen, CO. Sizemore, age 44, was knocked from the raft amid a stretch of the river referred to as “Hell’s Half Mile” and was unable to be rescued. His wife brought a claim of negligence and wrongful death against the company and several employees. All participants in these excursions must sign a document known as a “Participant Agreement for
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Legislation Pending & Civil

Legislation Pending & Civil Suits Underway in Response to a Fatal Colorado Helicopter Crash

Legislation is well underway in the U.S. House that will mandate that all helicopters now be manufactured with crash-resistant fuel tanks. In 2015, a fatal helicopter crash in Frisco claimed the pilot’s life and severely injured two others. Jared Polis and Ed Perlmutter, both U.S. Representatives from Colorado, are sponsoring the bill. Perlmutter said that although the problem was detected years ago, nobody has required that a solution is mandated for this hazard. Those investigating the incident feel that the crash may
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How Common Law Defenses

How Common Law Defenses for Landowner Duty Apply in Colorado Premises Liability Cases

This premises liability case reached the Colorado Supreme Court. A claim was brought against William and Gladys Franklin, who were homeowners with a swimming pool where a severe injury occurred. James Vigil, who is mildly mentally retarded, was working at the home as a laborer as part of a program for the Arkansas Valley Handicapped Community Center. Vigil decided to dive into Franklin’s above-ground pool, which was only four-foot-deep. When he dove, Vigil’s head hit the bottom of the pool, causing significant
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Michigan Supreme Court Hears

Michigan Supreme Court Hears Case of Woman Killed in Parking Lot

Michigan’s Supreme Court ruled on a personal injury case involving Virginia Rawluszki, who was killed when hit by a truck in a parking lot of a Menard’s home improvement store. The court unanimously decided to leave the appeals court decision in place and have them try the case with a jury, or reach a settlement. The family of the deceased asserts that the retailer should have installed stop signs at a crosswalk they created in the lot. The defense says that the
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Hot-Air Balloon Ride in

Hot-Air Balloon Ride in Florida Lands in a Retention Pond Filled with Alligators

The Colorado Gazette reported that a hot-air balloon ride with 17 passengers was forced into a crash landing in a retention pond near Orlando. An unexpected shift in the wind forced the pilot to land in the water to avoid power lines. The pond is known to be a home to several alligators. According to Orlando Balloon Rides, the pilot, who had over 2,000 hours of balloon flying experience, was able to navigate a landing safely and there were no injuries. Both
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Colorado Cities Exercising Caution

Colorado Cities Exercising Caution Regarding Fireworks Because of Potential for Fires

This Fourth of July several Colorado communities decided to cancel their annual fireworks displays due to the heightened risk for fires. The regions have all been experiencing hot and dry weather, coupled with high winds, are a combination that is conducive for quickly spreading fires. The Public Information Office of the Durango Fire Department stated that the fireworks would pose to great a safety risk. A recent house fire in Durango spread to a wildfire that burned across 400 acres of land.
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Healthcare Provider Facing Negligence

Healthcare Provider Facing Negligence Claims Awarded a County Contract in CO

Armor Correctional Health Services Inc. is a company that presently provides medical care services to approximately 40,000 inmates in the U.S. The Miami-based organization was recently awarded a contract for the jail facility located in El Paso County, CO. The value of the contract for this 1,500 bed facility is estimated to reach roughly $40 million. Last year, Armor was prohibited from providing care in the state of New York after a series of deaths occurred. The company is said to have many pending
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Family Awarded $6 Million

Family Awarded $6 Million in Wrongful Death Case Wants Denver District Attorney to Review the Case

The family of a victim in a wrongful death case that resulted in a $6 million award in 2014 wants the Denver District Attorney’s Office to review the matter claiming that there was an internal “cover up”. Marvin Booker was being processed into a Denver jail in 2010 and he left the booking area to retrieve a pair of shoes he had left in the waiting room. The incident, which was caught on surveillance footage, showed four officers restraining him, possibly choking him, and
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$600 Million Awarded in

$600 Million Awarded in Dog-Related Insurance Claim in 2016

In 2016, the number of dog bite-related insurance claims continued rising. Over 40% of U.S. households now own a dog. The homeowner’s insurance industry is certainly feeling the impact, as an estimated 20% of claims are related to dog bites. It appears that the prevalence of incidents indicates that pet owners are not properly training, controlling, or supervising their canines when they relate with unfamiliar people and children. Claims topped $600 million for the year, and an analysis of the
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$1 Million Settlement Reached

$1 Million Settlement Reached in California Wrongful Death Case

A settlement was recently reached between the city of Hayward, Bay Area Rapid Transit (BART), and the family of James Greer in a wrongful death case. The suit alleged that Greer was improperly restrained until he was no longer conscious. Under the agreement, the city of Hayward will pay $995,000 and BART will pay $75,000 to the victim’s family. Greer’s family said that he went to purchase a lottery ticket in May 2014 and was pulled over in-route for suspicion
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Parents of Former Hockey

Parents of Former Hockey Player Bring Wrongful Death Case against NHL

Judge Gary Feinerman, in a U.S. District Court, recently dismissed a wrongful death case brought by the parents of Derek Boograd, a former National Hockey League (NHL) player. The suit claimed the NHL was liable for Boogard’s brain injuries and addiction to prescription pain medication which led to his death. Boogard was considered an “enforcer” on the ice, and played with the New York Rangers and Minnesota Wild over his six-year professional career. He died in 2011 of an overdose
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Student Illness Caused by

Student Illness Caused by Gas in Boulder Valley School District Building

A civil case is underway in Boulder County District Court where the parents of a former Casey Middle School student claim gas from the sewer system made their daughter ill for a lengthy period of time. Margaret and Randall Smith claim their daughter suffered illness from exposure to hydrogen sulfide emanating from the sewer. The smell of rotten eggs had aroused suspicions of a problem since the school was reconstructed in 2010. During the 2014-15 school years, both parents and
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Jury Awards $225,000 in

Jury Awards $225,000 in a Durango Injury Case Based on Premises Liability

A four-day trial concluded recently in the Colorado’s 6th Judicial District Court, with a jury awarding $225,000 to Kathy Sloan, who was injured in front of Maria’s Bookshop, a local bookstore that has been in Durango for over 30 years. Sloan had visited the store for a purchase and was exiting the retailer when she attempted to dodge an oncoming pedestrian. In her efforts to avoid a collision, Sloan’s foot landed in a dog water bowl resulting in damage to
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Civil Claim Underway for

Civil Claim Underway for Inmate Injured in Denver Courtroom

A civil case is underway in Denver resulting from injuries to an inmate that occurred in a courtroom. Anthony Waller was in custody at the Downtown Detention Center and was escorted in shackles to a court appearance by sheriff’s deputy Brady Lovingier. During the proceedings, Waller was speaking to the judge when he abruptly slammed into a metal window frame. Waller is seeking damages, claiming that Lovingier caused the injury by grabbing his waist chain suddenly. Kenneth Padilla, Waller’s attorney,
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Michigan Appeals Court Dismisses

Michigan Appeals Court Dismisses Negligence Case in Student Death

A lower court ruling was recently upheld by the Michigan State Court of Appeals against Marysville High School. The plaintiff, the student’s father, brought a civil case claiming negligence and intentionally inflicting emotional distress which they claim led to the suicide death of 17-year-old Steven Jahn. The court concurred with the ruling that the defendants in the case were shielded by governmentally-based immunity. Jahn allegedly committed suicide by driving his vehicle into a concrete barrier while traveling on Interstate 69
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Las Vegas Police Likely

Las Vegas Police Likely to Face Civil Action in Usage of Neck Restraint Maneuver in Suspect’s Death

A controversial neck hold was applied by police to an unarmed man at a Las Vegas casino. Toshii S. Brown was unable to be revived after he fled two pursuing officers through The Venetian and ultimately was restrained by a “lateral vascular neck restraint”. Critics of the maneuver claim it is simply dangerous to use, as some officers may hold the position, which can lead to death by choking. The police department states that this hold has been applied by
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Parallel Criminal & Civil

Parallel Criminal & Civil Cases Likely in Penn State Fraternity Pledge’s Death

In February, Timothy Piazza, a 19-year old Penn State University student died after collapsing down a staircase at a fraternity party while heavily intoxicated. Eighteen members of Beta Theta Pi have been charged criminally in connection with the death, following participation in a drinking game. The authorities were not notified for 12 hours. Piazaa’s family retained a Philadelphia-based attorney for a civil suit, which may be pursued parallel to the criminal case. So far there had been conflicting accounts of what
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Women on Bicycle Killed

Women on Bicycle Killed in Car “Dooring” Accident

Authorities in Cambridge, MA conducted an accident reconstruction of a collision which killed a 27-year old female bicyclist. Amanda Phillips was traveling down Cambridge Street when she struck an open car door which pushed her in front of a moving landscaping truck. Bicyclists use the term “dooring” to refer to a situation where someone opens a car door in front of an approaching cyclist. The results can be serious injuries—and even death. The “Door Zone” Analysts refer to an area
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Major Insurer Denies Liability

Major Insurer Denies Liability for Injury Case Involving Borrowed Vehicle

In a South Carolina district court, the 2017 case of Nationwide Mutual Insurance v. Van Sickle & Rush challenged whether insurers could be responsible for paying liability claims stemming from accidents where the insured had loaned their vehicle to someone and caused an accident. Appolina Rush was driving a car borrowed from a Nationwide Insurance customer when she injured a couple (the Van Sickles) in a collision. The Van Sickles brought a suit against Rush and Lois Prince, the vehicle
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Will Continued Tort Reform

Will Continued Tort Reform Eliminate the Collateral Source Rule?

Back in 1854 on the Great Lakes, a steamboat collided with a schooner causing it to sink while loaded with freight. The schooner was insured and the defense argued that they had already been paid for the replacement. The court would not make any reduction in damages stating that the insurance had no relevance to the case. Many states still employ the collateral source rule (including Colorado), which existed under common law. The rule states that recovery for damages will
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$1.6M Award in California

$1.6M Award in California Wrongful Death Case with Drunk Driver in a Rental Car​

It appears that a settlement has been reached in the wrongful death case of a couple killed in a head-on collision. The family of Bertha & Ruben Betancourt filed suit in Santa Barbara County Court against EAN Holdings, Enterprise Rent-A-Car and Shaquille Lindsey, the driver. Lindsey’s vehicle apparently crossed into the opposite lane at a pace exceeding the speed limit by over 20 mph. Lindsey was alleged to have been intoxicated. Grounds for action included wrongful death based on negligence,
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City of Greeley Settles

City of Greeley Settles Third Personal Injury Case This Year in Pedestrian Accident

The City of Greeley has apparently settled their third personal injury claim so far this year. They have paid out at least $725,000 in these incidents where fault was determined. This week, the city agreed to pay $225,000 to Jerry Hill, a pedestrian who was struck by a recently retired police officer who was driving an unmarked police vehicle. Hill suffered several injuries to the head, shoulders, and knees after being impacted in a crosswalk at 9th Avenue and 10th
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U.S. Supreme Court Rules

U.S. Supreme Court Rules on Tribal Immunity in Car Accident Negligence Suit

According to the National Conference of State Legislatures, there are presently 566 federally recognized tribes, in addition to a few recognized at the state level. Currently, in Colorado, there are two: The Southern Ute Indian Tribe of the Southern Ute Reservation and Ute Mountain Tribe of the Ute Mountain Reservation. Since these tribes are considered self-governing, they are similar to U.S. governmental entities in that they are afforded sovereign immunity which shields them from most litigation. Lewis v. Clarke Accident
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Life Saved at Vail

Life Saved at Vail Ski Resort Illustrates the Importance of Colorado Senate Bill 09-010

A snowboarder at Vail Resort named Peter Roskovich recently collapsed and went into sudden cardiac arrest. The Vail Ski Patrol sprang into action using an automated external defibrillator (AED) to temporary restore Roskovich’s pulse. Using a snowmobile, the patrol began transporting him to seek medical care. Strangely, Dr. Greenberg, a Vail Valley Medical Center cardiologist, happened to be skiing at the resort that day and upon realizing the circumstances, began further life preservation efforts during transport to the hospital. Greenberg
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Colorado Supreme Court Case

Colorado Supreme Court Case Addresses “The McHaffie Rule”

The 2017 case of Ferrer v. Tesfamariam Okbamicael & Colorado Cab Company L.L.C. made it to the state’s Supreme Court. Plaintiff Jessica Ferrer and a friend were injured when Mr. Okbamicael’s taxi cab hit them while they crossed a Denver street. Okbamicael worked for Colorado Cab (Yellow Cab), who owned the vehicle. Ferrer sued both the driver and Yellow Cab citing the driver’s negligence and that Yellow Cab was vicariously liable based on respondeat superior. In addition, the plaintiff charged
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Passenger Forcibly Removed &

Passenger Forcibly Removed & Injured on United Airlines Flight Filing Civil Suit

A highly publicized incident was caught on video aboard a United Airlines flight preparing to leave from Chicago. After the passengers were aboard, the airline made an announcement that it was overbooked and offered $400 travel vouchers to those willing to take another flight. After nobody volunteered, the offer went to $800 and then $1000. Apparently, some United Airline employees were needed aboard that flight and no remaining seats were available. Dr. David Dao, a 69-year old physician, refused to
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Atlanta Hotel & Restaurant

Atlanta Hotel & Restaurant Facing Three Unrelated Wrongful Death Cases

The Westin Peachtree Plaza in downtown Atlanta is a fixture amid the skyline with a lengthy list of amenities. The site spans over 80,000 square feet and stands over 70 floors tall. The Sun Dial restaurant is unique because it rotates, offering dining guests a spectacular 360-degree overview of the city. In a bizarre sequence of events, this venue has endured three tragedies recently, which are all currently civil matters of wrongful death. Sun Dial Restaurant Death A 5-year old
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Peripheral Nerve Injuries Increasing

Peripheral Nerve Injuries Increasing in Prevalence Injury Litigation

Recent National Law Review studies indicate that peripheral nerve injuries seem to be increasingly cited in cases of personal injury. National estimates reveal that nearly 20 million individuals suffer from some variety of damage within their peripheral nerves. While many injuries are clearly apparent in auto accidents, such as wounds or fractures, peripheral nerve damages often exist covertly. Sometimes the symptoms may remain dormant for periods of several weeks. Many of these occurrences originate in accidents and reinforce the importance
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RD Legal Funding Taken

RD Legal Funding Taken to Court over Consumer Protection Concerns

The Consumer Financial Protection Bureau (CFPB) recently in conjunction with the New York attorney general are taking RD Legal Funding LLC to court for violations said to be related to federal and state laws concerning consumer protection. A suit filed in the U.S. District Court for the Southern District of New York indicates that the organization was targeting former NFL football players who were to receive settlements from a class-action suit based on concussion injuries they sustained. In addition, RD
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Nevada Amateur Racetrack Remains

Nevada Amateur Racetrack Remains Open After Two Die in Crash

SpeedVegas, Las Vegas’ indoor 11-mile auto racing track re-opened after 12 days of closure following the death of two individuals racing a Lamborghini that crashed and caught fire. Employees stated there were five crashes in the 1st year of operation. SpeedVegas rents performance cars for track usage without speed limits in vehicles capable of reaching 150 mph. A lawsuit was settled with undisclosed terms; Dominic Gentile, attorney for the plaintiffs, stated simply that “we resolved the matter” with confidential terms.
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Disagreement on Amount of

Disagreement on Amount of Damages for Fatal Helicopter Collision Involving Colorado Men

In 2016, there were zero deaths from crashes among U.S.-certificated scheduled airlines. This is the 7th year in a row that this feat has been accomplished. On the non-commercial side, The Aviation Safety Network reports that there were 18 fatal airline crashes in 2016 and 14 in 2015. The worldwide fatality rate is roughly one per 3.2 million flights. Two Colorado men were killed in 2014 when their helicopter collided with a small plane and the civil case is currently
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Two Separate Car-Pedestrian Accidents

Two Separate Car-Pedestrian Accidents Saturday on Park Avenue in Denver

With the emergence of spring in the Denver area, more citizens are out walking. In a bizarre coincidence this Saturday, two pedestrians collided with cars along different points on Park Avenue. The first was near the intersection of E. Colfax Ave., and the other, two hours later, was close to the Lawrence St. junction. The pedestrians in both accidents sustained injuries and were transported to hospitals. 2016 Pedestrian Death Toll The rate of pedestrian fatalities is rising more rapidly than
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Florida Jury Rules in

Florida Jury Rules in Product Liability Case with a Ford Explorer Rollover Death

The Colorado Department of Transportation published their findings regarding traffic fatalities for 2016. Overall, there were 607 traffic accident fatalities for the year. Of the fatal accidents, roughly 190, or 31% of these instances involved individuals operating under the influence of alcohol or drugs. These numbers indicate that CO has plenty of room for improvement in driving safety. Parker v. Ford Motor Co., Action Gator Tire, & Cooper Tire Katie Parker’s family filed a defective auto product and wrongful death
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The Top Ten Global

The Top Ten Global Causes for Liability Action

A new study by Allianz Global Corporate & Specialty suggests that the environment for risk is in a constant transition with the emergence of new potential liabilities. As technology continues to evolve, new scenarios which can produce tremendous liability begin to surface. Their report examined liability insurance claims in over 100 countries in many industry sectors. In the last five-year span, insurers doled out an estimated $9.3 billion for such claims, over 80% were attributed to ten areas of concern.
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Jury Rules in Case

Jury Rules in Case of Injured Fan at Cleveland Indians Game

Major League Baseball claims to have stepped up efforts to reduce fan injuries from being hit by foul balls and broken baseball bats. Rob Manfred, league commissioner, urged teams to expand the implementation of safety netting along the areas close to the field. For some reason, even with the expanded safety precautions, it seems that the problem is escalating. A New York Daily News reporter recently expressed concern that the problem may not be fully addressed until there is a
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Illinois Family Awarded $16M

Illinois Family Awarded $16M Judgement Against Drug Sellers in Overdose Death

Steven Lorenz was 17 years old when he was sold a fatal dose of amphetamine, which he thought was the drug Ecstasy. His family brought suit under The Illinois Drug Dealer Liability Act (DDLA), which allows drug dealers to be pursued in civil actions for damages caused by the drugs they provide. Steven’s father felt that he should proceed with the case to heighten awareness about the dangers of drugs, and hopefully discourage drug dealing activities. He cited “symbolic” reasons
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Lengthy Truck Accident Liability

Lengthy Truck Accident Liability Case in WY District Court Settled

In 2010, William Schlenker and his son Richard were traveling on a road near Meeteetse at approximately a rate of 50 mph. Defendant Terry Jones was driving a semi-truck pulling a secondary trailer that was overloaded with 30,000 lbs. of hay. Jones took a sharp turn which abruptly sent the load of hay crashing into the Schlenker’s vehicle. Although they were wearing seat belts, William broke a rib and his wrist, while Richard suffered a broken neck. Jones acknowledged fault
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St. Patrick’s Day Safety

St. Patrick’s Day Safety a Major Concern in Colorado

On March 17 many celebrate St. Patrick’s Day. Denver is hosting the 55th annual Emerald Celebration Parade, which culminates at Coors Field. Unfortunately, the holiday is also widely celebrated with excessive alcohol consumption and has become a dangerous day on our roadways. Drinking and driving takes roughly 10,000 lives in the U.S. annually. Approximately 30% of traffic fatalities are attributed to driver intoxication. In Colorado last year, over 26,000 arrests were made for DUI, and around 150 alcohol-related traffic accidents
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Fatal Boat Accident Brings

Fatal Boat Accident Brings Two Lawsuits Against Estate of Former Marlins Pitcher

The families of two young men, killed in a boating accident off the coast of Miami in September of 2016, are suing the estate of former Miami Marlins pitcher Jose Fernandez for $2 million each. Fernandez was also killed in the accident. Fernandez was on the boat with his friend, Eduardo Rivera, and his recently met acquaintance, Emilio Jesus Macias. Although Fernandez owned the boat, investigators are still not sure who was driving the “Kaught Looking” when it crashed into
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What is the Difference

What is the Difference Between a Motion for Dismissal & Motion for Summary Judgement?

As part of the procedure in civil cases, both parties have the capability of making requests for court consideration. Motions are formal requests submitted to a judge to serve a variety of purposes. Examples include requests to continue (postpone) the proceedings, that an existing court order be modified, for case dismissal, and many others. The majority of these requests must be done in writing, unless during a hearing or trial, and notice is provided to the opposing party and/or their
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Colorado Supreme Court Interprets

Colorado Supreme Court Interprets Premises Liability Statute

The concept of landowner premises liability in CO dates back to its roots within common law. In 1990, the legislators formally implemented the Colorado Premises Liability Statute § 13-21-115 and the majority of the provisions have remained the same since. In 2008, a case developed which triggered a challenge to the statute’s interpretation. This ultimately led to the need for the CO Supreme Court to interject and clarify the issue in Larrieu v. Best Buy Stores L.P. The Injury Gary
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Colorado’s Thanksgiving DUI Crash

Colorado’s Thanksgiving DUI Crash Prevention Project

Colorado remains diligent in their efforts to impede alcohol-related crashes and the potential injuries and fatalities they produce. During the Thanksgiving holiday, many are on breaks from work or school and attend social gatherings. Historical data shows that during this holiday span, a legion of drivers under the influence of alcohol are out on the roads. This year, the Colorado Department of Transportation (CDOT), the Colorado State Patrol (CSP), and others statewide executed their “The Heat is On” roadway safety
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Vicarious Accident Liability in

Vicarious Accident Liability in the Joint Venture Doctrine

A Colorado Court of Appeals case (2015COA129) involved a unique situation for assigning auto accident liability based on a doctrine of a joint venture. The Plaintiff, American Family Mutual, charges that Go Courtesy Ford (GCF) should be liable for injuries in a car accident. Kristin Hart visited GCF’s dealership considering a vehicle purchase. Hart and a salesperson went for a test drive, and the salesperson rode as the passenger and directed her route. Suddenly, Hart negligently turned and collided with
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Colorado’s October Wildlife Migration

Colorado’s October Wildlife Migration Creates Dangerous Roads & Liability

Each year in Colorado during October and November, the various animal inhabitants of the state begin their journeys to the habitats where they reside during the winter. During these two months, the volume of wildlife-vehicle collisions (WVCs) spikes. These WVCs are almost as costly as they are dangerous to those traveling on roadways. According to the Rocky Mountain Insurance Association, these specific types of accidents cost insurance companies a tidy sum of over $1 billion annually in the US. Wildlife
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Premises Liability Case in

Premises Liability Case in Colorado Theater Shooting

An Aurora, CO Cinemark movie theater was the setting in 2012 where a gunman, James Holmes, went on a shooting rampage that led to (12) fatalities and (70) injuries during a screening of The Dark Knight Rises. The Denver Post reports that a large group of survivors initiated a suit in state court shortly thereafter. The plaintiff alleged that poor security, such as having no armed guards on duty and insufficient security surveillance equipment, enabled the gunman to execute the
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Understanding Governmental Immunity from

Understanding Governmental Immunity from Liability

Courts and lawmakers recently have presented challenges to Colorado’s Government Immunity Act (CGIA), which was established in 1971. Viewing the law historically, in 1946 the federal government passed the Federal Tort Claims Act (FTCA), permitting suits against the government in the federal courts. The act is interwoven with laws at the state level, as federal courts have jurisdiction for claims, but individual state laws are applied according to “”where the act or omission occurred.” Factors encouraging legislation included: Citizens seeking
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Understanding a Ski Resort’s

Understanding a Ski Resort’s Liability for Skiing Accidents

It is no surprise to a skier (or snowboarder) that there are risks of injury when participating in skiing. Traveling down a slope on skis, often at a high rate of speed, amid surface conditions that are likely to have patches of ice can certainly be considered risky. The majority of injuries that occur while skiing involves skiers colliding with other skiers or with objects, and skier injuries associated with the usage of ski lifts. The skiing industry in Colorado
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What it Really Means

What it Really Means to Assume: Assumption of Risk 101

Aside from comparative negligence, the doctrine of assumption or assuming the risk is one of the most common defenses alleged in personal injury lawsuits. Assuming the risk occurs when a personal injury plaintiff knowingly and voluntarily assumes the risk of harm associated with the negligence or careless conduct of the defendant that led to the plaintiff’s injuries. If it is proven that you, the plaintiff, assumed the risk then you will not be able to recover damages from the defendant.
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How Your Insurance Company

How Your Insurance Company SHOULD Treat You Following An Accident And What You Can Do When They Don’t!

Following a car accident, you will likely have to speak to two insurance companies to report the accident and give your account of what occurred: your own insurance company and the insurance company of the other driver. As the policyholder, your own insurance company will probably treat you better – at least that’s the way it should be. You are the customer whenever you purchase an insurance policy from an insurer. On the other hand, the other driver is the
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What Is Uninsured Motorist

What Is Uninsured Motorist Coverage And Do I Need It?

You’ve probably heard of it – Uninsured Motorist Coverage (UIM). But do you understand what UIM is, how it can protect you and whether or not you need it? Statistics show that many Colorado residents have no idea what UIM is and how it operates. While you may not be legally required to carry UIM, you should probably consider getting some. Uninsured Motorist Coverage As you probably know, Colorado law requires drivers to carry a minimum amount of auto insurance
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What Is Emotional Distress

What Is Emotional Distress and 5 Methods To Help Prove Your Claim

Proving emotional distress is very difficult. Unlike flesh wounds and broken bones, there is no diagnostic blood test or x-ray that can measure the emotional distress you have suffered. Rather, emotional distress is predominantly a psychological injury. Though there is no question that the suffering inflicted by emotional distress can be severe, you may have a difficult time demonstrating to a jury that you are entitled to financial compensation for your psychological struggles brought on by emotional distress. Though you
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What To Do After

What To Do After A Construction Site Accident

There is no question that construction work is dangerous. So it is unsurprising that injuries on construction sites are common. Unfortunately, workers injured on a construction site do not know who is liable for their injuries or what steps to take following a construction site injury. Steps To Take Following Your Construction Site Injury If you have been injured following a construction site injury, follow these simple steps to ensure you protect your rights and get the compensation you deserve:
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What Causes Potholes?

What Causes Potholes?

Winter driving can be some of the most dangerous. Inclement weather creates many hazards for drivers, including limited visibility, fluctuating tire pressure, and slippery roads. One of the most obnoxious and damaging cold weather problems is the creation of potholes. Continue reading to learn more about potholes and safely navigating winter roads. Be extra careful this and every winter. Eliminate distractions and slow down to accommodate slippery roads and limited visibility. If the roads are too treacherous to risk, don’t!
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Why A Skilled Trial

Why A Skilled Trial Lawyer Is An Asset For Personal Injury Cases

Having been an attorney for the insurance companies earlier in my career, I know how intimidated they can be by a proven trial lawyer willing to present cases to a jury. If you need the skills of a proven trial lawyer to defend your rights in a personal injury claim, set up an appointment to meet with me or call me directly at 303-825-2223 for a consultation about your specific circumstance.
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