RQ Law Blog

Colorado Court of Appeals Mitchell v. Xu – Court of Appeals holds statutory offer includes actual costs incurred predating the offer – 2021 COA 39 (03/11/21). Defendant made two pretrial statutory offers of settlement, which plaintiff declined. The first proposed to settle “all claims” for $3,500 “inclusive of costs.” The second proposed to settle “all […]

Colorado Supreme Court People v. Garcia— Process service document can be admitted without evidentiary foundation as it is not testimonial – 2021 CO 7 (2/1/21). Michael Garcia was convicted of violating a protection order. A document was offered into evidence at Garcia’s trial to prove that he had received notice of the protection order and […]

Colorado Court of Appeals Redden v. Clear Creek Skiing Corporation — Court of Appeals enforces exculpatory agreement by ski resort – 2020COA176 (CA 12/24/20). Redden was hurt as she attempted to exit the Ptarmigan ski lift, located in the Loveland Ski Area. The Court of Appeals considered whether ski area operators can, by means of […]

Colorado Court of Appeals Suydam v LFI Fort Pierce — “Going and coming” rule was discussed; realignment of parties during trial – (CA 10/08/20). The Court of Appeals analyzed the scope of the “going-and-coming” rule, which applies to the issue of whether an employer may be held liable for damages caused by the negligence of […]

As the impact of COVID on businesses becomes increasingly dire, business owners are making claims under their commercial insurance policies for their heavy financial losses suffered. Companies are arguing that business interruption coverage in their policies apply. There are generally two theories as to coverage: 1) contamination due to the virus; and 2) losses due […]

Tenth Circuit Court of Appeals  Jody Blatchley v. St. Anthony Summit Medical Center– Courtremands due to error in denying designation of non-party after settlement – No. 18-1231 (10th Cir. 8/17/20). This medical malpractice case is about double recovery. Plaintiff Jody Blatchley alleges that he suffered permanent disability because of the negligence of medical staff while he was receiving care at St. […]

We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm).  In the event a construction defect is alleged after a project is complete, there is no reason to just hand claimants the ability to sue years after the expiration of […]

Julia Morgenthau recently briefed an important case in the Colorado Supreme Court on behalf of the state’s defense lawyers. The Supreme Court agreed with Julia and Owner’s Insurance Company counsel Wheeler Trigg and O’Donnell, and disqualified Levy Law, the former longtime counsel for Owners Insurance Company, from representing a plaintiff against Owner’s in a bad […]

Many construction companies are critical businesses and thus exempt from current public health and executive orders. However, there are provisions that even exempt construction companies must comply with. Companies should conduct enhanced cleaning and social distancing protocols. There are many recommended protocols to assist companies to avoid contamination by and prevention of the spread of […]

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