(Cases published by the appellate courts)
Jefferson County School District R-1 v. Justus, 725 P.2d 767 (Colo. 1986) (duty of governmental entities): I represented a young boy who sustained a brain injury with lifelong effects. The Colorado Supreme Court extended the “reasonable care” duty to public entities, here, an elementary school. It was immediately after this case that the Colorado legislature passed the law, still in effect, granting limited immunity to governmental entities, depending on what they’re doing.
Rodriguez vs. Schutt, 896 P.2d 881 (Colo. App. 1994) (lost evidence, verdict affirmed, 914 P.2d 921 (Colo. 1996) (denial of equal protection, judgment interest statute rewritten): I represented a young man who nearly lost his arm from a sliding window in a screen door. We defended our verdict in the Court of Appeals because the broken window had been lost. The Colorado Supreme Court then agreed that the Colorado statute providing for interest on judgments was unfair to my client, and the Colorado Supreme Court rewrote the statute for us so that my client, and others who followed, could recover a fair rate of interest. This is the law today.
Carter v. S.B.A., 573 P.2d 564 (Co. App. 1977), cert. Denied, 104 S.Ct. 711, 464 U.S. 1043, 79 L.Ed. 174 (right to judicial review): My client was a small minority business man seeking equal treatment from the Small Business Administration. The courts held that the SBA did have an obligation to treat my client reasonably and fairly, measured by a court of law.
McCafferty vs. Musat, 817 P.2dd 1039 (Colo. App. 1990) (legal malpractice, duty issues, prejudgment interest): My client was badly injured in a mine explosion. The lawyer who represented him mishandled the case when he went to work for the law firm that was defending the claim (the other side). We established precedent that legal malpractice plaintiffs are entitled to interest on their judgment from the date of the wrongdoing. A multimillion dollar recovery was obtained.
Cassidy v. Smith, 817 P.2d 555 (Colo. App. 1991) (statute of limitations application in sexual abuse cases; see related case, Cassidy v. The Millers Casualty Insurance Company of Texas, 1F.Supp.2d 1200 (D. Colo., 1998): My clients were the victims of sexual abuse for many years, into adulthood, by a leader in their church. A multimillion dollar verdict was obtained in rural Colorado, and subsequently collected from the perpetrator’s homeowner policy.
Bennett, et al. V. Coors Brewing Company; 189 F.3d 1221 (10th Cir. 1999) (employment fraud in obtaining releases with age-based conditional exit incentives): My clients were security guards at the Coors Brewery Company. They asserted they were misled into accepting early retirement. The case was first thrown out by the federal trial court, but then reinstated by the federal Tenth Circuit Court of Appeals, and subsequently resolved.
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