RQ Law Blog

August Case Law Update

August Case Law Update
Rucker v. Federal National Mortgage Association – ‘For Sale’ sign alone does not change prospective buyer’s status. (CA 07/28/16). Ellyn and David Rucker decided to purchase a house that their daughter, Kristin, would rent from them. David placed an offer on a house for which Kristin had had a showing with a Heter & Co. listing agent, but Ellyn had not seen the property, so Kristin took Ellyn to the...
Continue reading
  1146 Hits
1146 Hits

June 2016 Case Law Update

June 2016 Case Law Update
AVALANCHES ARE AN INHERENT RISK TO SKIERS UNDER STATUTE Fleury v. IntraWest Winter Park Operations Corp. (SC 05/31/10). The Colorado Supreme Court held that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger and risk of skiing” under the Ski Safety Act and thus the ski area is not liable to a skier killed in an avalanche. The Court held that the definition...
Continue reading
  1098 Hits
1098 Hits

January Case Law Update

Johnson v. VCG Restaurants Denver, Inc. – Allowing alternate juror to deliberate held to be reversible error (CA 12/31/15). Plaintiff Johnson was a patron at VCG’s adult nightclub. While waiting outside after the nightclub had closed, he was confronted by a VCG employee. An altercation ensued between the two men, and plaintiff sustained physical injuries. Plaintiff brought claims against several defendants, including the employee and VCG. The jury deliberated and...
Continue reading
  1267 Hits
1267 Hits

Court: An Appraisal Is Not An Arbitration

259759097
ARBITRATION is the determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties. Legally, an arbitration award can be confirmed as a judgment after due process and evidentiary procedures are completed and the award is filed with a court of appropriate jurisdiction. MEDIATION is the act of a third person who interferes between two contending parties with a view...
Continue reading
  1254 Hits
1254 Hits

July 2015 Case Law Updates

July 2015 Case Law Updates
COLORADO CASE LAW UPDATE Colorado Court of Appeals Ackerman v. City and County of Denver – Red Rocks is a natural condition for purposes of GIA (CA 07/16/15). While attending a concert, Plaintiffs were struck and injured by rocks that fell from a rock formation that abuts one side of the Red Rocks Park amphitheater. The trial court determined that Denver’s immunity from suit had been waived and the City...
Continue reading
  961 Hits
961 Hits