Jacquelyn Booker Obtains 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. Plaintiff alleged that she slipped and fell on a puddle of water inside the store and claimed more than $250,000 for past and future medical care, wage loss, and physical impairment. Plaintiff argued that […]
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. 2021 COA 39. […]
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 doctrine of respondeat superior originates from 17th century English common law. The literal translation from Latin is “that the master must answer.” Under this doctrine […]
Jacquelyn Booker Prevails 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 […]
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 a dollar size puddle of water at a store entrance while it was raining. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. Plaintiff […]
Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision
Debra Sutton and Tom Walton prevailed on summary judgment in an action brought by a contractor holding an assignment from the insured homeowner. The Court applied the pollution exclusion in an all-risk homeowner’s policy, finding abatement expense was not covered even if abatement was necessary due to a covered loss. The Court determined the efficient […]