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Lowrey v. Montgomery Kone Inc.
Party may rely upon res ipsa loquitur to advance her case against elevator maintenance company for injuries sustained when elevator malfunctioned. 		Torts Mar. 28, 2002
Carlson v. Ferris
Drivers are required to fasten all seat belts to defeat claim of failure to mitigate damages resulting from automobile accident. 		Torts Mar. 28, 2002
Kids' Universe v. In2Labs
No triable issue of fact for toy retailer's claim of lost profits due to inability to launch e-commerce site during relevant period. 		Torts Mar. 26, 2002
Van Buskirk v. Cable News Network Inc.
Issue of whether plaintiff was defamed by news network's comments regarding his taking of medication should not have been dismissed. 		Torts Mar. 25, 2002
Omedelena v. Dever Options, Inc.
Duty of community centered boards to prevent neglect of developmentally disabled persons does not authorize interference with prospective contract. 		Torts Mar. 20, 2002
Scott v. Matlock, Inc.
In negligence suit, OSH Act evidence may be admitted as nonconclusive evidence of standard of care in defendant's industry. 		Torts Mar. 20, 2002
Ortega v. K-Mart Inc.
Merchant's shoddy inspection practices can infer that substance on floor has been there long enough that reasonable inspection would have led to its discovery. 		Torts Mar. 11, 2002
Del Real v. City of Riverside
Lawsuit of motorist involved in accident with police officer is barred because she failed to file timely government tort claim. 		Torts Mar. 8, 2002
Summit Financial Holdings Ltd. v. Continental Lawyers Title Co.
Title company that followed escrow instructions is not responsible for damages suffered by company who was not party to escrow. 		Torts Mar. 8, 2002
Ma v. City and County of San Francisco
Person seeking emergency medical care may sue city for negligence of dispatcher that results in delay in response. 		Torts Mar. 7, 2002
Domingo v. T.K. M.D.
Medical expert testimony regarding cause of fat embolism during hip replacement surgery was properly excluded under 'Daubert' analysis. 		Torts Mar. 7, 2002
Micro Enhancement International v. Coopers & Lybrand LLP
Delays by accounting firm did not cause failure of company's initial public offering. 		Torts Mar. 6, 2002
Dillon v. Zeneca Corp.
State law causes of action that challenge adequacy of pesticide label or its failure to warn are pre-empted by federal law. 		Torts Mar. 1, 2002
Showpiece Homes Corp. v. Assurance Company of America
Private cause of action by insured against insurer under Colorado Consumer Protection Act isn't pre-empted by Unfair Claims-Deceptive Practices Act. 		Torts Mar. 1, 2002
Redden v. SCI Colo. Funeral Servs. Inc.
Nonparty designation alleging professional negligence must indicate basis for asserting that nonparty is legally at fault. 		Torts Mar. 1, 2002
Culver v. Samuels
Equine activity immunity statute precludes negligence claim against horse owner. 		Torts Feb. 28, 2002
Beeftu v. Creekside Ventures
Developer did not breach implied warranty of habitability where builder constructed home not suitable for lot. 		Torts Feb. 28, 2002
Siepierski v. Catholic Health Initiative Mountain Region
Expert testimony not required to support claim for assault and battery against non-professional hospital employee. 		Torts Feb. 28, 2002
Shannon v. State of Washington
Claimants filing tort lawsuit against government must verify claim. 		Torts Feb. 26, 2002
Marin Tug & Barge Inc. v. Westport Petroleum Inc.
Motive is irrelevant in tort of intentional interference with prospective economic advantage; unlawful act is required. 		Torts Feb. 22, 2002
Lueter v. State of California
Plaintiffs cannot assert tort claim for negligent spoliation of evidence. 		Torts Feb. 21, 2002
Sandoval v. Bank of America
Court's erroneous answer to jury's causation inquiry was prejudicial and requires reversal. 		Torts Feb. 21, 2002
Alfrey v. United States
Wife of decedent may pursue claim that government negligently failed to perform 'Central Inmate Monitoring' evaluation. 		Torts Feb. 21, 2002
Barnett v. Denver Publishing Co.
Substantial truth of statement in newspaper article was defense to defamation claim. 		Torts Feb. 20, 2002
Wisdom v. City of Sterling
Water meter pit constitutes public water facility for purposes of the immunity under Colorado Governmental Immunity Act. 		Torts Feb. 20, 2002
Hartwell Corp. v. Superior Court (Santamaria)
Public Utilities Commission has exclusive jurisdiction over tort cases against regulated utilities but not over cases against companies not regulated by commission. 		Torts Feb. 19, 2002
Richardson v. Starks
School district not liable to student under governmental immunity act. 		Torts Feb. 19, 2002
Command Communications, Inc. v. Fritz Companies, Inc.
Customs broker did not breach fiduciary duty in failing to advise client to protest product classification. 		Torts Feb. 19, 2002
Ortega v. Kmart Corp.
Store may be liable for injuries from slip and fall if customer can prove site wasn't inspected within reasonable period of time. 		Torts Feb. 14, 2002
Mc Kown v. Wal-Mart Stores Inc.
Hiring party is liable for injuries to employees of independent contractor caused by defective equipment that hiring party supplied. 		Torts Feb. 13, 2002
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