injury claim (Colorado) · Go Syfert
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injury claim in Colorado

21 Colorado opinions name it 2 courts 1986–2025 5 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Robinson v. Colorado State Lottery Divisiongreen
colo · 2008 · cited in 2 Colorado opinions naming this issue, 2016–2016
2 sentences

2016See Robinson, 179 P.3d at 1005 .

2016See Robinson, 179 P.3d at 1005.

22
Upper Eagle Regional Water Authority v. Simpsongreen
ohioctapp · 2007 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025If the water court determines that the proposed augmentation plan will not result in injury, it "shall" approve the plan. § 37-92-305 (3) (a) ; see also Upper Eagle Reg'l Water Auth. v. Simpson , 167 P.3d 729, 735 ( Colo. 2007 ) ( " [O] nly if operation of the [augmentation] plan would cause injury . . . does the statute require the water judge to deny the plan." ) , as modified on denial of reh'g ( Oct. 1, 2007 ) . ¶54 The same statutory requirements that govern applications for new augmentation plans also govern an application that, like Independence's, seeks to amend an existing augmentatio

2025If the water court determines that the proposed augmentation plan will not result in injury, it "shall" approve the plan. § 37-92-305 (3) (a) ; see also Upper Eagle Reg'l Water Auth. v. Simpson , 167 P.3d 729, 735 ( Colo. 2007 ) ( " [O] nly if operation of the [augmentation] plan would cause injury . . . does the statute require the water judge to deny the plan." ) , as modified on denial of reh'g ( Oct. 1, 2007 ) . ¶54 The same statutory requirements that govern applications for new augmentation plans also govern an application that, like Independence's, seeks to amend an existing augmentatio

11
Abrahamson v. City of Montrosegreen
coloctapp · 2003 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024Ct., 842 P.2d 233, 233-36 (Colo. 1992); Abrahamson v. City of Montrose, 77 P.3d 819, 821 (Colo. App. 2003). ¶ 12 Citing East Lakewood, 842 P.2d at 235-36 , the district court acknowledged in its order that “[a] claimant’s ignorance as to what parties may bear responsibility for the injury is not a defense to the notice deadline.” But the court nonetheless denied the motion to dismiss, distinguishing East Lakewood on the basis that “Mostellar could [not] reasonably have been expected to know that [Colorado Springs] had any potential liability or to find out about the intergovernmental agreement

11
East Lakewood Sanitation District v. District Court in & for the County of Jeffersongreen
colo · 1992 · cited in 1 Colorado opinions naming this issue, 2024–2024
2 sentences

2024Ct., 842 P.2d 233, 233-36 (Colo. 1992); Abrahamson v. City of Montrose, 77 P.3d 819, 821 (Colo. App. 2003). ¶ 12 Citing East Lakewood, 842 P.2d at 235-36 , the district court acknowledged in its order that “[a] claimant’s ignorance as to what parties may bear responsibility for the injury is not a defense to the notice deadline.” But the court nonetheless denied the motion to dismiss, distinguishing East Lakewood on the basis that “Mostellar could [not] reasonably have been expected to know that [Colorado Springs] had any potential liability or to find out about the intergovernmental agreement

2024Ct., 842 P.2d 233, 233-36 (Colo. 1992); Abrahamson v. City of Montrose, 77 P.3d 819, 821 (Colo. App. 2003). ¶ 12 Citing East Lakewood, 842 P.2d at 235-36 , the district court acknowledged in its order that “[a] claimant’s ignorance as to what parties may bear responsibility for the injury is not a defense to the notice deadline.” But the court nonetheless denied the motion to dismiss, distinguishing East Lakewood on the basis that “Mostellar could [not] reasonably have been expected to know that [Colorado Springs] had any potential liability or to find out about the intergovernmental agreement

11
Guerrero v. Baileygreen
coloctapp · 1982 · cited in 1 Colorado opinions naming this issue, 2018–2018
1 sentence

2018Goodridge v. Dahl, 107 P.3d 1171, 1175 (Colo. App. 2005) (“Because the evidence was sufficient to support the subsequent injury instruction and adequately formed a question of fact for the jury to decide, we perceive no error by the court in instructing the jury on subsequent injury.”); Guerreo v. Bailey, 658 P.2d 278, 279-80 (Colo. App. 1982) (“Since the defendant introduced evidence that [plaintiff’s layoff] aggravated the emotional injuries caused by the collision . . . the instruction was 4 warranted.”).

11
Francis Ex Rel. Goodridge v. Dahlgreen
coloctapp · 2005 · cited in 1 Colorado opinions naming this issue, 2018–2018
1 sentence

2018Goodridge v. Dahl, 107 P.3d 1171, 1175 (Colo. App. 2005) (“Because the evidence was sufficient to support the subsequent injury instruction and adequately formed a question of fact for the jury to decide, we perceive no error by the court in instructing the jury on subsequent injury.”); Guerreo v. Bailey, 658 P.2d 278, 279-80 (Colo. App. 1982) (“Since the defendant introduced evidence that [plaintiff’s layoff] aggravated the emotional injuries caused by the collision . . . the instruction was 4 warranted.”).

11
Keefe v. Pizza Hut of America, Inc.green
coloctapp · 1994 · cited in 1 Colorado opinions naming this issue, 2003–2003
1 sentence

2003Keefe v. Pizza Hut of America, Inc., 868 P.2d 1092, 1094 (Colo.App.1998), aff'd, 900 P.2d 97 (Colo.1995); see also Alexander v. Morrison-Knudsen Co., 166 Colo. 118 , 444 P.2d 397 (1968).

11
Alexander v. Morrison-Knudsen Companygreen
colo · 1968 · cited in 1 Colorado opinions naming this issue, 2003–2003
2 sentences

2003Keefe v. Pizza Hut of America, Inc., 868 P.2d 1092, 1094 (Colo.App.1998), aff'd, 900 P.2d 97 (Colo.1995); see also Alexander v. Morrison-Knudsen Co., 166 Colo. 118 , 444 P.2d 397 (1968).

2003Keefe v. Pizza Hut of America, Inc., 868 P.2d 1092, 1094 (Colo.App.1998), aff'd, 900 P.2d 97 (Colo.1995); see also Alexander v. Morrison-Knudsen Co., 166 Colo. 118 , 444 P.2d 397 (1968).

11
City of Thornton v. Bijou Irrigation Co.green
colo · 1996 · cited in 1 Colorado opinions naming this issue, 1999–1999
1 sentence

1999See City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 89 (Colo.1996).

11
Peterson v. Ground Water Commissiongreen
colo · 1978 · cited in 1 Colorado opinions naming this issue, 1996–1996
2 sentences

1996Given the factual nature of the injury inquiry, the water court’s “factual determinations and conclusions based thereon cannot be disturbed on appeal if they are based on the record.” Simpson, 886 P.2d at 698 ; accord Peterson v. Ground Water Comm’n, 195 Colo. 508, 516 , 579 P.2d 629, 634 (1978).

1996Given the factual nature of the injury inquiry, the water court’s “factual determinations and conclusions based thereon cannot be disturbed on appeal if they are based on the record.” Simpson, 886 P.2d at 698 ; accord Peterson v. Ground Water Comm’n, 195 Colo. 508, 516 , 579 P.2d 629, 634 (1978).

11
Knox College v. Celotex Corp.green
ill · 1981 · cited in 1 Colorado opinions naming this issue, 1986–1986
2 sentences

1986Knox College v. Celotex Corp., 88 Ill.2d 407 , 58 Ill.Dec. 725 , 430 N.E.2d 976, 980 (1981).

1986Knox College v. Celotex Corp., 88 Ill.2d 407 , 58 Ill.Dec. 725 , 430 N.E.2d 976, 980 (1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Buffalo Park Development Co. v. Mountain Mutual Reservoir Co. green
colo · 2008
1 sentence

2025Buffalo Park , 195 P.3d at 690 .

12025–2025
Open Door Ministries v. Lipschuetz neutral
colo · 2016
1 sentence

2025Open Door Ministries v. Lipschuetz, 2016 CO 37M , ¶ 16. ¶ 78 “Whether a particular claim lies in tort or could lie in tort within the meaning of the [Act] depends on the factual basis underlying the claim.” City of Aspen v. Burlingame Ranch II Condo.

12025–2025
State v. Young green
colo · 1983
1 sentence

2024Ct., 842 P.2d 233, 233-36 (Colo. 1992); Abrahamson v. City of Montrose, 77 P.3d 819, 821 (Colo. App. 2003). ¶ 12 Citing East Lakewood, 842 P.2d at 235-36 , the district court acknowledged in its order that “[a] claimant’s ignorance as to what parties may bear responsibility for the injury is not a defense to the notice deadline.” But the court nonetheless denied the motion to dismiss, distinguishing East Lakewood on the basis that “Mostellar could [not] reasonably have been expected to know that [Colorado Springs] had any potential liability or to find out about the intergovernmental agreement

12024–2024
Kreft v. Adolph Coors Co. green
coloctapp · 2007
1 sentence

2021Kreft, 170 P.3d at 858 . ¶ 33 In its complaint, CO2 alleged that Montezuma County violated its members’ due process rights, guaranteed by the Fifth and Fourteenth Amendments, by retroactively increasing the assessed value of their property without providing the members notice and an opportunity to challenge the assessment.

12021–2021
Meese v. Keene green
scotus · 1987
2 sentences

2015Seq, e.g., Meese v. Keene, 481 U.S. 465, 478 , 107 S.Ct. 1862 , 95 L.Ed.2d 415 (1987) (concluding that plaintiff had Article III standing where government action was alleged to have threatened his professional reputation); Hunt v. Wash. State Apple Adver.

2015Seq, e.g., Meese v. Keene, 481 U.S. 465, 478 , 107 S.Ct. 1862 , 95 L.Ed.2d 415 (1987) (concluding that plaintiff had Article III standing where government action was alleged to have threatened his professional reputation); Hunt v. Wash. State Apple Adver.

12015–2015
Trail's End Ranch, L.L.C. v. Colorado Division of Water Resources green
colo · 2004
1 sentence

2011The water court's decree now recognizes the Clobeville structure as a point of diversion and has placed conditions in the decree to protect against injury to other water rights in operating this diversion. 18 The no injury standard applies to protect other appropriators on the stream. § 37-92-805(8)(a); Trail's End Ranch, LLC., 91 P.3d at 1062 .

12011–2011
Weibert v. Rothe Bros., Inc. green
colo · 1980
1 sentence

2005Specifically, we have previously held that a plan for augmentation is to be approved by the water judge based on the same criterion involved in evaluating an application for change of water right, i.e., approval is required “if such change or plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right.” Weibert , 200 Colo, at 318-19, 618 P.2d at 1373 (quoting § 37-92-305(3)); see also Simpson v. Yale Inv.

12005–2005
Lascano v. Vowell green
coloctapp · 1996
1 sentence

2005Contrary to plaintiffs argument, Lascano v. Vowell, 940 P.2d 977 (Colo.App.1996), does not require evidence of permanency.

12005–2005
Vetten v. Industrial Claim Appeals Office green
coloctapp · 1999
2 sentences

2005The panelists relied on Vetten v. Industrial Claim Appeals Office, 986 P.2d 983 (Colo.App.1999), which held that a petition to reopen an injury claim was governed by a statute of limitations enacted after the petition was filed because the time limitation was procedural or remedial in nature.

2005The panelists relied on Vetten v. Industrial Claim Appeals Office, 986 P.2d 983 (Colo.App.1999), which held that a petition to reopen an injury claim was governed by a statute of limitations enacted after the petition was filed because the time limitation was procedural or remedial in nature.

12005–2005
Terry v. Sullivan green
coloctapp · 2002
1 sentence

2003Lee v. Colo. Dep't of Health, 718 P.2d 221 (Colo.1986); Terry v. Sullivan, 58 P.3d 1098 (Colo.App.2002).

12003–2003
Pizza Hut of America, Inc. v. Keefe green
colo · 1995
1 sentence

2003Keefe v. Pizza Hut of America, Inc., 868 P.2d 1092, 1094 (Colo.App.1998), aff'd, 900 P.2d 97 (Colo.1995); see also Alexander v. Morrison-Knudsen Co., 166 Colo. 118 , 444 P.2d 397 (1968).

12003–2003
Lee v. Colorado Department of Health green
colo · 1986
1 sentence

2003Lee v. Colo. Dep't of Health, 718 P.2d 221 (Colo.1986); Terry v. Sullivan, 58 P.3d 1098 (Colo.App.2002).

12003–2003
Sabalka v. Burlington Northern & Santa Fe Railway Co. green
moctapp · 2001
1 sentence

2002Sabalka v. Burlington N. & Santa Fe Ry., 54 S.W.3d 605 (Mo.Ct.App.2001); see also Schaefer v. Union Pac.

12002–2002
In Re the Water Rights of Steffens green
colo · 1988
1 sentence

1997However, when historical usage has been quantified for the ditch system by previous court determination, the yield per share which can be removed for use in an augmentation plan is not expected to differ from augmentation case to augmentation case, absent a showing of subsequent events which were not previously addressed by the water court but are germane to the injury inquiry in the present case. 8 Greenview Trust also seeks to invoke In re Steffens, 756 P.2d 1002 (Colo.1988), as controlling the case before us.

11997–1997
Simpson v. Yale Investments, Inc. green
colo · 1994
1 sentence

1996Given the factual nature of the injury inquiry, the water court’s “factual determinations and conclusions based thereon cannot be disturbed on appeal if they are based on the record.” Simpson, 886 P.2d at 698 ; accord Peterson v. Ground Water Comm’n, 195 Colo. 508, 516 , 579 P.2d 629, 634 (1978).

11996–1996
Curry v. Industrial Commission neutral
colo · 1983
1 sentence

1994The pre-1991 version of the statute, adopted in 1983, created an exemption from statutory employer liability for the “owner of a private home.” See Curry v. Industrial Commission, 672 P.2d 513 (Colo.1983).

11994–1994
Allstate Insurance Co. v. Troelstrup green
colo · 1990
1 sentence

1992Id. at 417 .

11992–1992

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 37-92-103 (5) CO § Colo. Rev. Stat. § 24-10-109 (4) CO § Colo. Rev. Stat. § 24-10-103 (3) CO § Colo. Rev. Stat. § 24-10-106 (3) CO § Colo. Rev. Stat. § 37-92-301 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 189 (1915–2026) NY 63 (1900–2025) MI 49 (1925–2025) CA 46 (1918–2025) WA 35 (1955–2025) OR 34 (1922–2023) IL 34 (1899–2025) OH 31 (1900–2025) LA 30 (1945–2021) FL 25 (1894–2026) NC 22 (1883–2023) GA 22 (1921–2024) IA 22 (1957–2022) VA 21 (1891–2024) MA 21 (1876–2026) CO 21 (1986–2025) KY 20 (1916–2024) TN 19 (1915–2021) AZ 18 (1932–2022) CT 18 (1923–2020) OK 17 (1931–2025) ME 17 (1939–2024) KS 17 (1915–2024) UT 15 (1986–2024) PA 14 (1865–2025) WI 13 (1960–2011) MO 13 (1916–2021) NJ 13 (1971–2025) MD 13 (1898–2022) MN 12 (1956–2026) AL 11 (1915–2023) SC 11 (1962–2025) IN 10 (1909–2025) MT 8 (1979–2025) AR 8 (1911–2013) NH 7 (1986–2013) MS 7 (1953–2022) NM 6 (1933–2022) HI 6 (2001–2019) DC 5 (1979–2011) NV 5 (2003–2021) DE 5 (1982–2026) ID 5 (1939–2024) VT 5 (1934–2025) AK 3 (1997–2023) SD 3 (1967–2007) RI 2 (1987–2013) NE 2 (1966–1988) ND 2 (2002–2002) WY 2 (1999–1999) WV 2 (1990–1997) VI 2 (2008–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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