RQ Law Blog

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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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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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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Spring Case Update

Colorado Case Law Update Ruebel & Quillen, LLC COURT OF APPEALS Banning v. Prester – Court of Appeals holds that duty to mitigate does mean a duty to cease ineffective medical treatment (CA 12/27/13). Prester negligently drove his vehicle, causing a low-speed rear-end collision with Banning’s vehicle. Banning sought medical attention for neck and back pain, ultimately resulting in huge medical damages. On appeal, the Court of Appeals reversed the...
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Experience Matters

An experienced lawyer can go a long way to help keep you and your business out of trouble - or quickly resolve disputes which have escalated into an insurance claim or lawsuit.   How can you be sure you are retaining quality counsel? You should not assume that the biggest firm or the highest billable rate are a sign of experience or quality.  There are few industry ratings that more...
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