Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
Hunter Claycomb appealed his guilty conviction of careless driving resulting in death and speeding.
As a matter of first impression, the Colorado Court of Appeals concluded that when a jury asks for the definition of “proximate cause” and that phrase is used in the jury instructions, the trial court must provide the definition.
The appeals court also addressed for the first time the use of a “getting close to 5” jury instruction. Although it cautioned against the potential dangers of such an instruction, the appeals court concluded that the trial court did not err by using it in this instance.
The appeals court affirmed.
Willis v. Twin Shores Master Owner Association
This slip-and-fall case presented a novel issue concerning the standard of care a common-interest community association owes to a unit owner’s guest who is injured in an area that is part of the common elements owned and controlled by the association.
The Colorado Court of Appeals concluded that, in relation to such an association, a unit owner’s guest is an invitee under the Colorado Premises Liability Act.
The appeals court found that the district court’s judgment was predicated on the conclusion that Tiffani Willis was the defendants’ licensee at the time of her injury and that she didn’t present sufficient facts to establish liability as a licensee.
But the appeals court concluded that if Willis was injured in an area that was part of the common elements owned and controlled by the association — an issue on which there is a genuine dispute of material fact — then she was the defendants’ invitee.
The appeals court reversed and remanded the case.