Day v. Johnson

Docket Number09SC879
Decision Date31 May 2011
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314 cases
  • McLaughlin v. BNSF Ry. Co.
    • United States
    • Colorado Court of Appeals
    • June 7, 2012
    ...the district court's finding that sufficient evidence exists to give an instruction for an abuse of discretion. Id.; see Day v. Johnson, 255 P.3d 1064, 1067 (Colo.2011) (appellate court reviews a court's decision to provide an instruction for an abuse of discretion). The court abuses its di......
  • Axtell v. City of Lakewood
    • United States
    • U.S. District Court — District of Colorado
    • January 26, 2022
    ... ... Schad. SAC ¶¶ 442-461. To establish such a ... claim, the plaintiff must “show a legal duty of care on ... the defendant's part, breach of that duty, injury to the ... plaintiff, and that the defendant's breach caused the ... plaintiff's injury.” Day v. Johnson , 255 ... P.3d 1064, 1068-69 (Colo. 2011) ... A ... West Metro Defendants ... Plaintiff ... asserts a medical negligence claims against West Metro, ... Paramedic Onstott, and EMT Herrera. SAC ¶¶ 442-461 ... The West Metro Defendants ... ...
  • Vititoe v. Rocky Mountain Pavement Maint., Inc.
    • United States
    • Colorado Court of Appeals
    • June 18, 2015
    ...in instructions before they are given to the jury and only the objected-upon grounds will be considered on appeal." Day v. Johnson, 255 P.3d 1064, 1067 (Colo.2011). "[I]n general, if errors are not brought to the attention of the trial court, they are deemed waived," Gorsich v. Double B Tra......
  • Bedor v. Johnson
    • United States
    • Colorado Supreme Court
    • January 22, 2013
    ...emergency doctrine.II. Standard of Review ¶ 8 Trial courts have a duty to correctly instruct juries on matters of law. Day v. Johnson, 255 P.3d 1064, 1067 (Colo.2011); Krueger v. Ary, 205 P.3d 1150, 1157 (Colo.2009). To determine whether the trial court has performed this duty, we first rev......
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