In the News
Jackie Booker and Lily Nierenberg Obtain Defense Verdict for Retailer
Jackie Booker and Lily Nierenberg obtained a complete defense verdict on behalf of a national retailer in a premises liability matter. Following a five-day jury trial in federal court, the jury deliberated less than two hours and unanimously agreed that the company did not have actual or constructive knowledge of the alleged dangerous condition—a required element of Plaintiff’s claim. The Court entered judgment in favor of the retailer.
Statutory Offers of Settlement and Calculating Final Judgment in light of Mitchell v. Chengbo Xu
The Colorado Court of Appeals provided new guidance on statutory offers of settlement pursuant to C.R.S. § 13-17-202. In Mitchell v. Chengbo Xu, the Colorado Court of Appeals held a plaintiff’s final judgment will always include their actual costs incurred prior to the statutory offer of settlement as well as pre-offer interest.
Sutton Booker Welcomes Associate Cara Knight
Sutton Booker is excited to welcome its newest associate, Cara Knight! Cara joins Sutton Booker from the 18th Judicial District where she handled both felony and county court criminal matters. Before her time as a deputy district attorney, Cara gained significant...
Despite Economic Implications to Employers and Businesses Colorado General Assembly Expands Actions for Direct Liability of Employers for the Negligent Conduct of Employees.
On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.
Jackie Booker and Joe Okon Prevail in Court of Appeals Affirming Summary Judgment in Favor of UIM Insurer
Jackie Booker and Joe Okon prevailed on an appeal to the Colorado Court of Appeals which determined choice of law did not afford plaintiff UIM benefits for a motor vehicle accident in Colorado under an Oregon insurance policy. The Court of Appeals went on to affirm the lower courts ruling that without benefits owed there could be no unreasonable denial of benefits under section 10-3-1115.
Ashley Larson and Jackie Booker Prevail in Trial of Premises Liability Matter
Ashley Larson and Jackie Booker obtained a defense verdict in favor of a retailer client. Plaintiff alleged he slipped and fell on water at a store entrance while it was raining, causing $3.5 million in injuries, damages, and losses. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. The jury found that despite the retailer’s violation of its policy, Plaintiff was 75% at fault for his injuries, damages, and losses, and was precluded from recovering.
Jackie Booker and Lily Nierenberg Obtain Defense Verdict for Retailer
Jackie Booker and Lily Nierenberg obtained a complete defense verdict on behalf of a national retailer in a premises liability matter. Following a five-day jury trial in federal court, the jury deliberated less than two hours and unanimously agreed that the company did not have actual or constructive knowledge of the alleged dangerous condition—a required element of Plaintiff’s claim. The Court entered judgment in favor of the retailer.
Statutory Offers of Settlement and Calculating Final Judgment in light of Mitchell v. Chengbo Xu
The Colorado Court of Appeals provided new guidance on statutory offers of settlement pursuant to C.R.S. § 13-17-202. In Mitchell v. Chengbo Xu, the Colorado Court of Appeals held a plaintiff’s final judgment will always include their actual costs incurred prior to the statutory offer of settlement as well as pre-offer interest.
Sutton Booker Welcomes Associate Cara Knight
Sutton Booker is excited to welcome its newest associate, Cara Knight! Cara joins Sutton Booker from the 18th Judicial District where she handled both felony and county court criminal matters. Before her time as a deputy district attorney, Cara gained significant...
Despite Economic Implications to Employers and Businesses Colorado General Assembly Expands Actions for Direct Liability of Employers for the Negligent Conduct of Employees.
On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.
Jackie Booker and Joe Okon Prevail in Court of Appeals Affirming Summary Judgment in Favor of UIM Insurer
Jackie Booker and Joe Okon prevailed on an appeal to the Colorado Court of Appeals which determined choice of law did not afford plaintiff UIM benefits for a motor vehicle accident in Colorado under an Oregon insurance policy. The Court of Appeals went on to affirm the lower courts ruling that without benefits owed there could be no unreasonable denial of benefits under section 10-3-1115.
Ashley Larson and Jackie Booker Prevail in Trial of Premises Liability Matter
Ashley Larson and Jackie Booker obtained a defense verdict in favor of a retailer client. Plaintiff alleged he slipped and fell on water at a store entrance while it was raining, causing $3.5 million in injuries, damages, and losses. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. The jury found that despite the retailer’s violation of its policy, Plaintiff was 75% at fault for his injuries, damages, and losses, and was precluded from recovering.