Recently in Injury & Tort Law Category

A federal prison inmate’s appeal on a medical malpractice claim was rejected by the Tenth Circuit. The court also rejected the inmate’s right to counsel argument in his case against the hospital and doctor who treated him.

Louis Darryl Tarantola sustained injuries to his head and face in a prison altercation. He was then treated by Dr. George Speer at Cushing Memorial Hospital, but Tarantola claims that the doctor knowingly and deliberately provided him substandard medical care leading to disfigurement and permanent scars.

"In 2008, Plaintiff, a legally blind child with cerebral palsy and cognitive delays, was severely injured while skiing at Breckenridge Ski Resort in Colorado.'

Though the mechanics of such an individual skiing may be only mildly relevant to the holding of the case, you might be curious as to how such a thing is possible. The child with special needs rides a bi-ski, which is connected via tethers to the ski instructor.

Younger generations are going to look back at these mortgage foreclosure cases with nothing but utter confusion. It seems in every case, a mortgage is passed around more than a certain illicit substance at Snoop Lion concert.

In this case, Glen Llewellyn was a bit miffed after a series of mortgage holders and services reported naughty things to the credit agencies regarding his defaulted/not-defaulted loan. (He refinanced while the loan was being sold to someone else, the money got lost for a bit ... it happens).

The Tenth Circuit Court of Appeals ruled this week it did not have jurisdiction to consider whether cops who allegedly suffocated a suspect were entitled to qualified immunity.

In 2009, two 911 callers reported Richard Monarque's odd behavior. Monarque was reportedly running around the street, creating a ruckus. Rio Rancho Police Officers Justin Garcia and Leroy Maldonado arrived on the scene first and observed Monarque sweating profusely and hallucinating that dogs were attacking him. Sergeant Monte Jones arrived shortly thereafter.

The Tenth Circuit Court of Appeals clarified this week that a state Supreme Court's finding of laches is binding on a federal district court in parallel litigation.

In 1942, the Fundamentalist Latter Day Saints Church (FLDS) established United Effort Plan (UEP), a community trust. FLDS followers shared in the assets. In 2005, Utah seized control of UEP, amid allegations of mismanagement by church leaders, including Warren Jeffs, Deseret News reports.

On April 16, 1994, two surface-to-air missiles downed an aircraft carrying then Rwandan and Burundi Presidents, Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity, over the Rwandan capital of Kigali. Both were killed in the attack.

The killings fueled the Rwandan genocide, and cost more than one million innocent victims their lives.

Some people, including the presidents’ widows, believe the then Tutsi-led Rwandan Patriotic Front — headed by current Rwandan President Paul Kagame — was behind the killings. Even if that’s true, the Tenth Circuit Court of Appeals ruled this week that the widows cannot sue Kagame in a U.S. court due to head of state immunity.

This week, the Tenth Circuit Court of Appeals clarified that -- despite the government's increasing interference to every aspect of a person's life -- having "a case of the attitude" is not an arrestable offense.

The Los Lunas, New Mexico Police Department received an anonymous call reporting a loud argument at Michael Storey's address. The Department dispatched Officer Taylor to investigate. Though Taylor didn't hear an argument when he arrived at Storey's residence, he proceeded to ask Storey about the yelling match.

The bulk of the Tenth Circuit's docket is dedicated to reviewing Terry searches and evidence suppression. There are lots of drug appeals in the Denver-based court.

Soon, however, the Tenth Circuit Court of Appeals will get to tangentially rule on the Denver Broncos starting lineup. Denver Broncos linebacker D.J. Williams is currently appealing the dismissal of his lawsuit over a six-game suspension without pay for a failed drug test, reports The Denver Post.

Leroy Fresquez, a Colorado state prisoner, filed a civil rights action against Jefferson County Sheriff's Deputy Baldwin and six Correctional Healthcare Management (CHM) nurses. His claims stemmed from an alleged delay in receiving medical care after he was assaulted by a fellow inmate.

Did the prison system violate Fresquez's rights? We'll never know; the Tenth Circuit Court of Appeals doesn't have subject matter jurisdiction over the appeal because Fresquez didn't file his appeal on time.

The plaintiff in a lawsuit is generally the master of his complaint, but the Tenth Circuit Court of Appeals ruled last week that the defendant can have a say regarding the amount in controversy when it becomes clear that a plaintiff is simply trying to evade federal jurisdiction.

Larry D. Frederick brought a putative class action suit against Hartford Underwriters Insurance Company (Hartford) in Colorado state court; Hartford removed the case to federal court. That's clearly not where Frederick wanted to litigate.