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Colorado Supreme Court Opinions || March 25, 2013

Colorado Supreme Court -- March 25, 2013
Announcement Sheet

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


 2013 CO 18


Supreme Court Case No. 12SA236

Interlocutory Appeal from the District Court
Arapahoe County District Court Case No. 10CR1831
Honorable Valeria N. Spencer, Judge


Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Dimitry Pleshakov.


Order Reversed
en banc

JUSTICE HOBBSdelivered the Opinion of the Court.



 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 19


Supreme Court Case No. 12SA189
Original Proceeding Pursuant to C.A.R. 21
El Paso County District Court Case No. 10CR2496
Honorable Victor I. Reyes, Judge


In Re:
Plaintiff:

The People of the State of Colorado,
v.
Defendant:
Bruce J. Nozolino.


Rule Made Absolute
en banc

JUSTICE RICEdelivered the Opinion of the Court.


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC198

Court of Appeals Case No. 11CA317

Petitioner:

Alva J. Hickerson,

v.

Respondent:

Thomas J. Vessels.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred in holding that the defense of laches is unavailable against a timely filed claim for collection of a promissory note, where the statute of limitations period was extended by the partial payment doctrine.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC331

Court of Appeals Case No. 11CA937

Petitioners:

James Bailey, Nancy Bailey, Rhonda Busch-Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, Linda Sanders, Robert Cordova, Carolyn Cordova, Tim Fink, Bruce Albert Berner, Barbara Filippone, Summer Haeske, and Francis Leintz,

v.

Respondents:

Henry Thomas Willison; Linda Willison; William Thompson, individually; Patricia Thompson, individually; Valley Commercial Plaza VCP 1, LLC, d/b/a Valley Commercial Plaza; and Crystal Property Management.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC501

Court of Appeals Case No. 11CA2331

Petitioner:

Industrial Claim Appeals Office,

v.

Respondents:

Softrock Geological Services, Inc., and Colorado Division of Employment and Training, n/k/a Colorado Division of Unemployment Insurance.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred by openly departing from longstanding court of appeals’ precedent and holding that a worker’s failure to provide similar services to others at the same time he is working for a putative employer does not automatically dispose of a claim that the worker is an independent contractor rather than an employee.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC506

Court of Appeals Case No. 11CA751

Petitioner:

BNSF Railway Company,

v.

Respondent:

Thomas F. McLaughlin.

Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE EID would grant as to the following issue:

Whether a defendant is entitled to an effective instruction on apportionment of damages when the plaintiff’s preexisting condition was asymptomatic at the time of the incident.


No. 12SC512

Court of Appeals Case No. 10CA1884

Petitioner:

Daniel G. Ogden,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC528

Court of Appeals Case No. 10CA1045

Petitioner:

Verne Clarence Haney,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC632

Court of Appeals Case No. 11CA1821

Petitioner:

Omar Duwaik,

v.

Respondent:

JPMorgan Chase Bank, NA.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID does not participate.


No. 12SC640

Court of Appeals Case No. 11CA1778

Petitioner:

Deluxe Corporation,

v.

Respondent:

Kathleen Mutz.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC666

Court of Appeals Case No. 11CA1526

Petitioner:

Patricia Grimm Rowe,

v.

Respondent:

Estate of Albert Grimm, by its Personal Representative, R.L. Steenrod.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC688

Court of Appeals Case No. 11CA1602

Petitioners:

John D. Brewer and Veronica Brewer,

v.

Respondent:

Transwest Freightliner, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC712

Court of Appeals Case No. 12CA1060

Petitioner:

Steven Anthony Valles,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC911

Court of Appeals Case No. 11CA2461

Petitioner:

Western Logistics, Inc., d/b/a Diligent Delivery Systems,

v.

Respondents:

Industrial Claim Appeals Office of the State of Colorado, and Division of Employment and Training, Employer Services-Integrity/Employer Audits.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:

Whether the court of appeals erred in holding that 220 delivery drivers were petitioner’s employees because they did not provide delivery services to others while they provided such services to petitioner.

Whether the court of appeals erred when it held that 220 delivery drivers were subject to petitioner’s control and direction.

DENIED AS TO ALL OTHER ISSUES.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Supreme Court Opinions || March 25, 2013

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