This case concerned a negligence lawsuit brought by Eric Davenport against Community Corrections of the Pikes Peak Region, Inc., a private facility, after Davenport suffered severe injuries in a car accident caused by Fred Rutledge, a resident on a weekend pass who had a history of rule violations including failed drug and alcohol tests. The trial court found the facility 90% at fault and awarded damages, but the court of appeals reversed, holding that no duty existed. The Colorado Supreme Court affirmed, ruling that the statutes governing community corrections imposed no statutory duty on the facility to protect the public from offenders' conduct. It further held that no common law duty arose because the facility's alleged failure to notify the sentencing judge or revoke the pass constituted nonfeasance rather than misfeasance, and no special relationship created an obligation to control Rutledge's actions off-site.
In Montanez v. People, the defendant was tried on charges including burglary, aggravated robbery, and crime of violence; the jury initially returned guilty verdicts on the first two but not guilty on the crime of violence charge, after which the trial court polled the jurors, accepted the verdicts, and discharged the jury. Minutes later, upon learning of a possible error on the crime of violence verdict form, the court recalled the jurors—who had begun to leave the courthouse—and, over objection, allowed them to deliberate again, resulting in a guilty verdict on that charge as well. The court of appeals affirmed the conviction, but the Colorado Supreme Court reversed, holding that once a jury has been formally discharged and dispersed beyond the court's control, it may not be recalled to amend its verdict due to the risk of outside influence and the need for verdict finality protected by double jeopardy principles. The Court reasoned that the jurors had separated sufficiently to create such a risk, distinguishing this from mere clerical corrections, and remanded for further proceedings consistent with its ruling.
This case involved the dismissal of high school teacher Alfred Wilder by the Jefferson County School District Board of Education for showing an R-rated film containing nudity, sex, violence, and profanity to his senior logic and debate class without following the district's policy on controversial learning resources. The policy required teachers to provide written notice to the principal at least 20 working days in advance when planning to use such materials. The Colorado Supreme Court reversed the court of appeals' ruling that the dismissal was arbitrary and capricious, instead holding that the dismissal was permissible. The court reasoned that the film qualified as a controversial resource based on its content and rating, that Wilder had adequate notice of the policy through prior reprimands and a staff meeting on similar films, and that his failure to comply with the notification requirement justified termination.
The case concerned a radio talk show host's breach of contract claim against her broadcasting employer after the station replaced her program with Rush Limbaugh but continued paying her base salary without providing the agreed-upon on-air time. The trial court found a material breach and awarded the host the performance bonus she likely would have earned, while denying attorney fees to either party; the court of appeals affirmed the breach but granted fees to the employer on a wage claim that the host had dropped. The Colorado Supreme Court affirmed the breach ruling, holding that an employment agreement can imply an obligation to furnish work when the employee's material benefits, such as bonuses tied to performance or reputation, depend on it, citing Restatement (Second) of Agency § 433 cmt. c. It reversed the attorney fees award, concluding the employer was not a prevailing party under the wage statute because the claim was never formally dismissed.
The case concerned whether the Arapahoe County Public Airport Authority could enforce a ban on scheduled passenger air carrier service at Centennial Airport, a facility designated as a general aviation reliever airport that had received federal grants. The Authority obtained a permanent injunction against Centennial Express Airlines, but the court of appeals reversed that ruling. The Colorado Supreme Court reversed the court of appeals decision, thereby upholding the injunction. The court reasoned that planning documents at local, regional, and national levels designated the airport for non-commercial general aviation use, that federal grant assurances permitted limits on aeronautical uses to serve civil aviation needs, and that the airport lacked the facilities required for scheduled passenger operations.
The case involved a negligence lawsuit by Urban and Cynthia Sisneros against the City of Grand Junction after a hose fell from a city fire truck responding to an emergency call, allegedly causing personal injuries and vehicle damage when their car struck it. The trial court dismissed the claim for lack of subject matter jurisdiction, ruling that the Colorado Governmental Immunity Act (GIA) provided the city with tort immunity under the emergency vehicle exception. The court of appeals reversed, but the Colorado Supreme Court reinstated the dismissal, holding that the defendants were immune because the fire truck qualified as an authorized emergency vehicle operating in compliance with the conditions in section 42-4-106(2) and (3). The court reasoned that the GIA's waiver of immunity for motor vehicle operations includes an exception granting immunity for such emergency responses to allow public entities to perform essential duties without the risk of unlimited liability.