Supreme Court of Colorado, 2004

The court held that Colorado’s premises liability statute exclusively defines landowners’ duties and does not incorporate the common-law open-and-obvious-danger defense. Because the trial court granted summary judgment based on that unavailable common-law defense, the court reversed and remanded for the landowner’s…

The Supreme Court of Colorado reversed the court of appeals' ruling that an insured must prove substantial property or economic loss before recovering emotional distress damages in a bad faith breach of insurance contract action.