August 19, 2019

Archives for June 11, 2013

Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed

On June 5, 2013, Governor Hickenlooper signed 52 bills, the final bills of the 2013 legislative session. Any bills as yet not signed or vetoed by the governor 30 days after the last day of the legislative session, May 8, 2013, will become law.

Although there is not room here to summarize all of the bills signed on June 5, some of them are discussed below.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Colorado Court of Appeals: Tenant Not in Control of Sidewalk and Therefore Not Considered Landowner Under Premises Liability Act

The Colorado Court of Appeals issued its opinion in Jordan v. Panorama Orthopedics & Spine Center on Thursday, June 6, 2013.

Premises Liability—Common Area—Landowner.

In this premises liability case, defendant Panorama Orthopedics & Spine Center, PC (Panorama) appealed the judgment entered in favor of plaintiff Barbara Jordan. The judgment was reversed.

Plaintiff tripped and fell on a common area sidewalk leading to the building in which Panorama leased office space. She successfully sued Panorama under the Premises Liability Act (Act).

Panorama contended on appeal that the district court erred by determining that it was a landowner under the Act. A party need not hold title to the property to be considered a landowner within the meaning of the Act. A tenant may, depending on the circumstances, be regarded as a landowner. However, Panorama was not a landowner within the meaning of the Act, because there was no evidence that it was in possession of the sidewalk or that it was responsible for creating a condition on the sidewalk or conducting an activity on the sidewalk that caused plaintiff’s injuries. Therefore, the district court’s judgment against Panorama was dismissed.

Summary and full case available here.

Colorado Court of Appeals: Private Employee Working at Public Building Not Considered “Public Official or Employee” in Criminal Context

The Colorado Court of Appeals issued its opinion in People v. Moore on Thursday, June 6, 2013.

Impeding a Public Official or Employee—Private Employer—CRS § 18-9-110(2).

Defendant appealed the judgment of conviction entered on a jury verdict finding him guilty of impeding a public official or employee in a public building. The judgment was vacated.

Defendant, an attorney, injured a 61-year-old woman security guard when he forcibly passed through the security checkpoint at the Denver City and County Building. The victim was employed by a private security company.

The People argued that the trial court’s denial of defendant’s motion to dismiss was rendered moot by the subsequent trial and was no longer reviewable. However, the trial court construed the statute to permit defendant’s prosecution under the statute as a matter of law. The jury was bound by this determination. Therefore, the jury’s verdict did not render moot the denial of defendant’s motion to dismiss or preclude him from challenging his conviction on appeal.

Defendant contended that his judgment of conviction should be vacated because the victim was not a “public employee,” which is a prerequisite to establishing criminal liability under the statute. Because the victim was not a public employee, but was employed by a private security company, defendant’s conviction under CRS § 18-9-110(2) was vacated.

Summary and full case available here.

Colorado Supreme Court: Announcement Sheet, 6/10/13

On Monday, June 10, 2013, the Colorado Supreme Court issued three published opinions.

Weinstein v. Colborne Foodbotics, LLC

Dooly v. People

M.S. v. People in Interest of A.C.

Summaries for these cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 6/7/13

On Friday, June 7, 2013, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Goddard v. Heldt

United States v. Greenwood

United States v. Morales-Medel

Okobi v. Holder

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.