September – 2019

Brian D. Kennedy received a successful ruling from the Court of Appeals in case numbers 18CA1108 & 18CA1717 (ann’d 9/26/19). Brian previously obtained a defense verdict in the underlying trial court (2017CV30697). The case involved an altercation on Larimer Street near a nightclub called the Retro Room. Plaintiff asserted claims of battery and outrageous conduct. Plaintiff and Defendant had conflicting versions of the cause of the altercation and who was the initial aggressor.

The Plaintiff appealed arguing the trial court erred by 1.) refusing to admit portions of a police report at trial that included statements of an off-duty officer who witnessed the incident but did not testify at trial; 2.) excluding from evidence (as a discovery sanction) any reference to Plaintiff’s anticipated future career as a pilot in the United States Air Force, the central premise of his damage claims; and 3.) for denying Plaintiff’s motion to stay execution of the cost award against Plaintiff. In an unpublished opinion, the Court of Appeals concluded that the trial court did not abuse its discretion on any of these issues and affirmed the judgment in favor of Defendant/Appellee.

Colorado Court of Appeals Oral Arguments


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