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In Re Rumnock v. Anschutz - Evidence That You Need Evidence
* Rumnock brought an action against American Family Mutual Insurance Company ("American Family") for uninsured motorist claims arising out of a car accident. Rumnock requested American Family to produce documents showing its procedures, policies, and guidelines for handling uninsured motorist claims, which American Family initially failed to produce. American Family later disclosed some of the requested documents but simultaneously filed a motion for a protective order to limit their use, arguing that its documents were trade secrets. The decision on whether or not to grant American Family's motion ultimately made its way to the Colorado Supreme Court, who ruled against American Family, explaining that American Family failed to tender any evidence that the documents were actual trade secrets. This case highlights the importance of submitting evidence to the court even at the hearing stage and not relying on mere argument. -
In Re Rumnock v. Anschutz, 384 P.3d 1262 (Colo. 2016)
Przekurat v. Torres - The Less You Know, the Better
* Przekurat was injured in a car accident when his 20-year-old friend, Sieck, crashed Przekurat's car after they had been drinking at a party. Przekurat sued the hosts of the party ("Torres") under section 12-47-801(4)(a)(I) of the Dram Shop Act, which imposes civil liability when a social host knowingly provides a person under the age of twenty-one a place to consume an alcoholic beverage. Torres argued, and the evidence supported, that Torres was unaware that there were minors drinking at their party. The Colorado Court of Appeals ruled in favor of Torres and opined that to impose liability under 12-47-801(4)(a)(I) of the Dram Shop Act, a social host must have actual knowledge both that he has provided a place to consume an alcoholic beverage and that the person consuming the beverage at that place is under the age of twenty-one. Under this ruling, you can throw a party without fear of liability under the Dram Shop Act unless you're aware that underage guests are drinking. - Przekurat v. Torres, 2016 WL 7009134 (Colo. App. Dec. 1, 2016)
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