RQ Law Blog

When Cats Attack

While I have been unable to find any statistics for cat-bite claims, the Insurance Information Institute estimates that in 2012, insurers across the country paid nearly $489 million in dog bite claims.  Bite cliams tallied about one-third of all homeowners liability payouts in 2012.  I recently had a jury trial where the Plaintiff alleged she was viciously attacked by a house cat, causing permanent injury and scarring.  There was no doubt...
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2130 Hits

Medical Marijuana and the Workplace

Colorado Court of Appeals rules on conflict between employer drug policy and medical marijuana use Coats v. Dish Network, LLC 2013 COA 62 On April 25, 2013 the Colorado Court of Appeals announced its decision that state-licensed medical marijuana use is not a "lawful activity" under section 24-34-402.5, C.R.S. because marijuana use is still federally prohibited. Colorado's Lawful Activities Statute (section 24-34-402.5, C.R.S.) protects employees by prohibiting employers from discharging...
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1790 Hits

Summer Case Law Update

Court Of Appeals Krol v. CF&I Steel – Court of Appeals limits ‘statutory employee’ immunity (CA 03/14/13). The Court of Appeals found that an injured party does not merely have to have been “on” the landowner’s property when performing work for the statute to apply, but the injured party also must have been doing work “to” the property for the statutory employer immunity to apply. Engeman Enterprises, LLC v. Tolin...
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1947 Hits

Economic Loss Rule and the Design Professional

Several years ago, Colorado courts adopted a version of the economic loss rule. As articulated through court decisions, when a party is injured due to a duty that arises from contract, the injured party’s remedies are limited to contractual damages. A claim for negligence or other tort can be asserted only if 1) the defendant owes a duty under law that is independent from the contract and 2) breach of...
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2202 Hits

Subpoena Change

Subpoenas in Colorado – Recent Changes to Rule 45 by Casey Quillen Recently there have been two important changes regarding the use of civil subpoenas.  It is important to understand these changes, not only for how subpoenas should be used to obtain documents, but also for responding to them.   The first significant change to Rule 45 was the case of In Re: Marriage of Wiggins, a Colorado Supreme Court...
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3122 Hits