Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008).
Jun 30, 2008OUTCOME: The appeal was successful.
This was a premises liability case. A patron fell in her lodge due to a dangerous condition and was injured. The trial judge applied an incorrect legal standard for liability (requiring actual knowle ... dge of the defect). The Plaintiff appealed. The Colorado Trial Lawyers Association asked Mr. Hester to write an Amicus Brief for the case. Mr. Hester, a recognized expert in premises liability, argued that actual knowledge of the defect was not required, but only that constructive knowledge was required. The Colorado Supreme Court agreed and reversed the trial court.
