The general life cycle of civil litigation: Complaint, Answer, Disclosures, Discovery, Trial. In this case, before the court would allow full discovery, it required the plaintiffs to provide prima facie evidence to support their toxic tort allegations of exposure, injury, and causation arising from the proximity of natural gas drilling operations near their home. Finding the plaintiffs’ evidence lacking, the court dismissed their case entirely. The court of appeals reversed holding that the modified case management order issued by the trial court was not authorized by CRCP 16. The Court agreed, “tapping the brakes,” as the dissent describes it, on active case management. The Court held that CRCP 16, in the context of Rules like 12, 37, and 56, does not authorize a court to fashion its own summary judgment-like filter and dismiss claims during the early stages of litigation.
Monthly Archives: April 2015
William G. Strudley and Beth E. Strudley v. Antero Resources Corporation, Antero Resources Piceance Corporation, Calfrac Well Services Corporation, and Frontier Drilling, LLC, 2015CO26 (April 20, 2015)
♪This land is your land, it’s not my land, I’m not a landowner, so you can’t sue me… Plaintiff tripped and fell on common area sidewalk outside a medical campus. She sued the main tenant. Under the Premises Liability Act (PLA), only “landowners” could be liable for injuries on their land. There are two kinds of landowners: those in possession of the land, and those who are legally responsible for conditions on the land. This case addressed the second category and limited its scope. Here, under its lease, the defendant could not exclude anyone from occupying the land, was not responsible for maintenance or the condition of the sidewalk, and was not conducting any activities on the sidewalk; it also did not assume a duty to repair the sidewalk or create the condition that caused the injuries. Under these facts, the Court held the commercial tenant was not a landowner.
Westin Operator, LLC v. Jillian Groh, through her guardians and conservators William and Janelle Groh, 2015CO25 (April 13, 2015)
“A reasonable person could foresee that a group of intoxicated individuals evicted from a hotel might be involved in a drunk driving accident that causes injuries.” Opinion. The Court affirmed the court of appeals’ ruling that hotels owe guests a duty of care not to evict them into a foreseeably dangerous environment, taking into account the guest’s physical state and the conditions into which she is evicted, including the time, surroundings and weather. Liability is limited by challenging the causal connection to the injury or by blaming other contributing factors. Whether an act caused an injury is fact-specific making summary judgment for the hotel improper. The dissent agreed the duty existed. But here, the plaintiff walked past two taxis. If the availability of alternative transportation is not sufficient to grant summary judgment for the hotel, then all cases go to a jury.