Core-Mark Midcontinent, Inc. v. Sonitrol Corp.

Decision Date19 July 2012
Docket NumberNos. 10CA2289,11CA0369.,s. 10CA2289
Citation300 P.3d 963
PartiesCORE–MARK MIDCONTINENT, INC.; Core–Mark International, Inc.; United States Fire Insurance Company; and Commonwealth Insurance Company, Plaintiffs–Appellees, v. SONITROL CORPORATION, Defendant–Appellant.
CourtColorado Court of Appeals
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21 cases
  • Tung Chan v. HEI Res., Inc.
    • United States
    • Colorado Court of Appeals
    • June 4, 2020
    ...error, or if the prior decision would result in manifest injustice." Grand Cty. Bd. of Comm'rs , ¶ 24 (quoting Core-Mark Midcontinent, Inc. v. Sonitrol Corp. , 2012 COA 120, ¶ 10, 300 P.3d 963 ); accord Saint John's Church in the Wilderness , ¶ 8. For the reasons discussed below, reconsider......
  • Redden v. Clear Creek Skiing Corp.
    • United States
    • Colorado Court of Appeals
    • December 31, 2020
    ...will an exculpatory agreement be permitted to shield against a claim of willful and wanton negligence."); Core-Mark Midcontinent, Inc. v. Sonitrol Corp. , 2012 COA 120, ¶ 18, 300 P.3d 963 ("[M]ost courts will not enforce exculpatory or limiting provisions that ‘purport to relieve parties fr......
  • Just in Case Bus. Lighthouse, LLC v. Murray
    • United States
    • Colorado Court of Appeals
    • July 18, 2013
    ...to “any conduct other than breach of contract that constitutes a civil wrong and causes injury or damages.” Core–Mark Midcontinent, Inc. v. Sonitrol Corp., 2012 COA 120, ¶ 47, 300 P.3d 963. It covers civil wrongs “even when one of the tortfeasors commits an intentional tort.” Toothman v. Fr......
  • Gonzales v. Windlan
    • United States
    • Colorado Court of Appeals
    • December 31, 2014
    ...was so much more reliable or persuasive than that of the other experts that it changed the result at trial. See Core–Mark Midcontinent, Inc. v. Sonitrol Corp., 2012 COA 120, ¶ 29, 300 P.3d 963 (The decision to admit or exclude evidence is harmless unless it " ‘substantially influenced the o......
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9 books & journal articles
  • Rule 702 TESTIMONY BY EXPERTS
    • United States
    • Colorado Bar Association Colorado Rules and C.R.S. of Evidence Annotated (CBA)
    • Invalid date
    ...were foreseeable even if the expert did not qualify how much was not foreseeable. Core-Mark Midcontinent v. Sonitrol Corp., 2012 COA 120, 300 P.3d 963. Three-part test under equivalent federal rule applied in People v. Campbell, 847 P.2d 228 (Colo. App. 1992). Where challenged testimony add......
  • Chapter 7 - § 7.2 FOUNDATION FOR ADMISSIBILITY
    • United States
    • Colorado Bar Association Colorado Courtroom Handbook for Civil Trials (2022 ed.) (CBA) Chapter 7 Expert Witnesses
    • Invalid date
    ...expert testimony would permit the jury to infer the proposition for which it is offered. Core-Mark Midcontinent, Inc. v. Sonitrol Corp., 300 P.3d 963 (Colo. App. 2012) (expert testimony is sufficient if it permits the jury to infer the proposition for which it is offered). ➢ Test for Admiss......
  • Chapter 7 - § 7.2 • FOUNDATION FOR ADMISSIBILITY
    • United States
    • Colorado Bar Association Colorado Courtroom Handbook for Civil Trials (CBA) Chapter 7 Expert Witnesses
    • Invalid date
    ...expert testimony would permit the jury to infer the proposition for which it is offered. Core-Mark Midcontinent, Inc. v. Sonitrol Corp., 300 P.3d 963 (Colo. App. 2012) (expert testimony is sufficient if it permits the jury to infer the proposition for which it is offered). ➢ Test for Admiss......
  • Unique Construction Defect Damages Mitigation Issues
    • United States
    • Colorado Bar Association Colorado Lawyer No. 44-2, February 2015
    • Invalid date
    ...and "any mitigating circumstances" as affirmative defenses). [25] But see Core-Mark MidContinent, Inc. v. Sonitrol Corp., 2012 COA 120, 300 P.3d 963 (Colo.App. 2012), cert, denied (Pro Rata Act inapplicable to contract claims). [26] See supra notes 21 and 22 and accompanying text. [27] When......
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