Cummings v. Arapahoe County Sheriff's Department , 440 P.3d 1179 ( 2018 )


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  •      The summaries of the Colorado Court of Appeals published opinions
    constitute no part of the opinion of the division but have been prepared by
    the division for the convenience of the reader. The summaries may not be
    cited or relied upon as they are not the official language of the division.
    Any discrepancy between the language in the summary and in the opinion
    should be resolved in favor of the language in the opinion.
    SUMMARY
    September 6, 2018
    2018COA136
    No. 18CA0499 Arapahoe Cty Sheriff v Cummings —
    Government — County Officers — Sheriff — Deputies
    The division holds that a 2006 amendment to section 30-10-
    506, C.R.S. 2017, preserves, to a large extent, the doctrine of at-will
    employment for deputy sheriffs, but also grants certain due process
    rights to those deputies.
    The division further holds that the statute authorizes sheriffs
    to grant other rights to sheriffs’ deputies, but they are not required
    to do so.
    Finally, the division holds that clear and conspicuous
    disclaimers preclude, as a matter of law, those portions of plaintiff’s
    implied contract claim that are not based on the due process rights
    granted by section 30-10-506.
    COLORADO COURT OF APPEALS                                        2018COA136
    Court of Appeals No. 18CA0499
    Arapahoe County District Court No. 16CV32444
    Honorable Kenneth M. Plotz, Judge
    Michael Cummings,
    Plaintiff-Appellee,
    v.
    Arapahoe County Sheriff’s Department and David C. Walcher, individually and
    in his capacity as Arapahoe County Sheriff,
    Defendants-Appellants.
    JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
    AND CASE REMANDED WITH DIRECTIONS
    Division A
    Opinion by JUDGE BERGER
    Freyre, J., concurs
    Bernard, J., specially concurs
    Announced September 6, 2018
    Mark S. Bove P.C., Mark S. Bove, Denver, Colorado, for Plaintiff-Appellee
    Ronald A. Carl, Arapahoe County Attorney, Daniel C. Perkins, Senior Assistant
    County Attorney, Erin L. Powers, Senior Assistant County Attorney, Littleton,
    Colorado, for Defendants-Appellants
    Hall & Evans, L.L.C., Mark S. Ratner, Denver, Colorado, for Amicus Curiae
    Colorado Counties, Inc.
    I.    Introduction and Summary
    ¶1   This lawsuit pits the Arapahoe County Sheriff (the Sheriff)
    against one of his former deputies, Michael Cummings, whose
    employment was terminated by the Sheriff. Cummings contends
    that the written employment policies promulgated by the Sheriff
    contained in the Sheriff’s employee manual (the Manual) constitute
    an implied contract of employment that the Sheriff breached when
    he fired Cummings. In denying the Sheriff’s summary judgment
    motion, the district court agreed with Cummings. The Sheriff
    brings this interlocutory appeal under C.A.R. 4.2, challenging the
    district court’s denial of summary judgment.
    ¶2   Resolution of this appeal requires us to construe section 30-10-
    506, C.R.S. 2017, which governs the employment relationship
    between Colorado’s elected sheriffs and the deputies they appoint.
    It provides in relevant part as follows:
    Each sheriff may appoint as many deputies as
    the sheriff may think proper and may revoke
    such appointments at will; except that a sheriff
    shall adopt personnel policies, including
    policies for the review of revocation of
    appointments. Before revoking an
    appointment of a deputy, the sheriff shall
    notify the deputy of the reason for the
    1
    proposed revocation and shall give the deputy
    an opportunity to be heard by the sheriff.
    § 30-10-506.
    ¶3   In Seeley v. Board of County Commissioners, the Colorado
    Supreme Court authoritatively construed a prior version of this
    statute, holding that sheriffs’ deputies were employees at will and
    that a sheriff “did not possess the statutory authority to limit his
    power to discharge [his deputies] ‘at his pleasure.’” 
    791 P.2d 696
    ,
    700 (Colo. 1990).
    ¶4   As was its right, the General Assembly legislatively overruled the
    supreme court’s decision by amending the statute in 2006.
    Hearings on H.B. 1181 before the H. Local Gov. Comm., 65th Gen.
    Assemb., 1st Sess. (Feb. 7, 2006); cf. Gallegos v. Phipps, 
    779 P.2d 856
    , 861 (Colo. 1989) (noting General Assembly’s enactment of
    another statute “for the explicit purpose of” overruling the
    particular case).
    ¶5   We conclude that the General Assembly legislatively partly
    overruled Seeley because, contrary to Seeley, the General Assembly
    decided to grant certain employment rights to the deputies that are,
    at least in part, inconsistent with the concept of at-will employment
    2
    as it is known in Colorado law.1 Hearings on H.B. 1181 before the
    H. Local Gov. Comm., 65th Gen. Assemb., 1st Sess. (Feb. 7, 2006).
    But we also know from the plain language of the amended statute
    that in other respects, the General Assembly intended to preserve
    the doctrine of at-will employment.
    ¶6   Considering the plain language of the 2006 amendments, the
    legislative history, and commonly recognized rules of statutory
    construction, we conclude that section 30-10-506 does the
    following:
     It grants two unwaivable rights to the deputies: the right of
    notification “of the reason for the proposed revocation” of
    their employment, and “an opportunity to be heard by the
    sheriff” before their employment is terminated.
     It requires each sheriff to “adopt personnel policies,
    including policies for the review of revocation of
    appointments,” but except for the two statutory rights noted
    1 Under Colorado law, an “at will employee” is one whose
    “employment may be terminated by either party without cause and
    without notice, and whose termination does not give rise to a cause
    of action.” Cont’l Air Lines, Inc. v. Keenan, 
    731 P.2d 708
    , 711 (Colo.
    1987).
    3
    above, these policies need not be binding and sheriffs may
    reserve their right to depart from such policies in any
    particular case or matter. To that extent, the doctrine of at-
    will employment is preserved.
     It permits a sheriff to promulgate binding employment
    policies, and if the sheriff elects to do so, those policies are
    enforceable in accordance with their terms.
    ¶7   Applying this construction of section 30-10-506 to the facts
    presented in the Sheriff’s summary judgment motion, but also
    considering the dispositive legal effect of clear and conspicuous
    disclaimers of any contractual relationship, we affirm the district
    court’s denial of summary judgment with respect to the specific
    rights granted by section 30-10-506, but otherwise reverse the
    court’s denial of summary judgment on Cummings’ implied contract
    claim.
    II.     Relevant Facts and Procedural History
    ¶8   Cummings was a deputy sheriff in Arapahoe County. The Sheriff
    terminated Cummings’ employment, asserting that he violated
    4
    several of the Manual’s policies and was dishonest in the course of
    the investigation of the original charges against him.
    ¶9   After exhausting his remedies within the Sheriff’s department,
    Cummings sued, asserting two claims for relief: wrongful discharge
    in violation of public policy and breach of an implied contract of
    employment based on the employment policies contained in the
    Manual.
    ¶ 10 Cummings contends that while the Sheriff informed him of the
    reasons for the initial investigation into his conduct, the Sheriff did
    not provide him with notice of the charges that eventually led to his
    termination. He also contends that the Sheriff denied him an
    adequate opportunity to defend himself by not following the
    procedural policies of the Manual during the disciplinary process.
    ¶ 11 The Sheriff moved to dismiss the wrongful termination claim
    under C.R.C.P. 12(b)(1) based on governmental immunity. The
    district court held a Trinity hearing on the wrongful discharge in
    violation of public policy claim and dismissed that claim with
    5
    prejudice.2 See Trinity Broad. of Denver v. City of Westminster, 
    848 P.2d 916
    (Colo. 1993).
    ¶ 12 After the district court denied the Sheriff’s motion to dismiss the
    implied contract claim for failure to state a claim, the Sheriff moved
    for summary judgment. He contended that the at-will language in
    section 30-10-506 prevented him from promulgating binding
    personnel policies; that the disclaimers contained both in the
    Manual itself and in separate, yearly disclaimers signed by
    Cummings precluded as a matter of law any implied contract claim;
    and that, in any event, he had not violated any of the Manual’s
    policies.
    ¶ 13 The district court denied the Sheriff’s motion, holding that there
    was an implied contract of employment. The district court reasoned
    that it was illogical to conclude that the General Assembly would at
    once require sheriffs to promulgate employment policies, but then
    authorize sheriffs to wholly ignore them. Thus, the court held that
    all provisions in an employment manual promulgated by a sheriff
    pursuant to section 30-10-506 were binding and formed an implied
    2   That claim is not before us on this interlocutory appeal.
    6
    employment contract. As to the disclaimers, the court ruled that
    they were ineffective because they could not countermand the
    statutory requirement that the policies be binding. And, as to the
    Sheriff’s argument that he did not violate any of the policies, the
    court concluded that disputed issues of material fact precluded
    summary judgment.
    ¶ 14 Although ordinarily an order denying summary judgment is not a
    final appealable order, the Sheriff petitioned for an interlocutory
    review of the order. Recognizing the internal conflicts within the
    statute, the district court certified its summary judgment order for
    interlocutory appeal under C.A.R. 4.2. Agreeing with the district
    court that the Sheriff met the requirements for an interlocutory
    appeal, and that this is a matter of substantial public concern, we
    granted the petition.
    III.   The District Court Correctly Denied The Sheriff’s Motion for
    Summary Judgment With Respect To The Specific Rights
    Granted by Section 30-10-506
    ¶ 15 For the same three reasons that he sought summary judgment in
    the district court, the Sheriff contends that the court erred in
    denying his motion for summary judgment.
    7
    A.    Standard of Review
    ¶ 16 We review a grant (or, when authorized by law, a denial) of
    summary judgment de novo. Geiger v. Am. Standard Ins. Co. of
    Wisc., 
    192 P.3d 480
    , 482 (Colo. App. 2008) (holding that we review
    a denial of summary judgment de novo). “Under C.R.C.P. 56(c),
    summary judgment may be granted if there is no genuine contested
    issue of material fact and the moving party is entitled to judgment
    as a matter of law.” Georg v. Metro Fixtures Contractors, Inc., 
    178 P.3d 1209
    , 1212 (Colo. 2008). We grant the nonmoving party the
    benefit of all favorable inferences that may reasonably be drawn
    from the undisputed facts and resolve all doubts against the moving
    party. Bebo Constr. Co. v. Mattox & O’Brien, P.C., 
    990 P.2d 78
    , 83
    (Colo. 1999).
    B.   Rules of Statutory Interpretation
    ¶ 17 Resolution of this appeal requires us to determine the meaning of
    section 30-10-506, which is a question of law that we review de
    novo. Wolf Ranch, LLC v. City of Colorado Springs, 
    220 P.3d 559
    ,
    563 (Colo. 2009).
    ¶ 18 In interpreting a statute, we first give the words and phrases of
    the statute their plain and ordinary meanings according to the rules
    8
    of grammar and common usage. § 2-4-101, C.R.S. 2017; Jefferson
    Cty. Bd. of Equalization v. Gerganoff, 
    241 P.3d 932
    , 935 (Colo.
    2010). We consider the words and phrases of the statute both in
    the context of the statute itself and in the context of any
    comprehensive statutory scheme of which the statute is a part.
    Jefferson Cty. Bd. of 
    Equalization, 241 P.3d at 935
    . By applying
    these principles, we attempt to determine the General Assembly’s
    intended meaning of the words and phrases, and harmonize that
    meaning with the comprehensive statutory scheme. 
    Id. ¶ 19
    If the statutory language is susceptible to only one reasonable
    meaning, we enforce it as written and do not resort to other rules of
    statutory construction. Vaughan v. McMinn, 
    945 P.2d 404
    , 408
    (Colo. 1997). However, if a statute is susceptible to more than one
    reasonable meaning, we employ other tools of statutory
    interpretation, including legislative history, to ascertain the General
    Assembly’s intent. People v. Luther, 58 P.3d 1013,1015 (Colo.
    2002).
    C.   The Implied Contract Exception to At-Will Employment
    ¶ 20 In Colorado, an employee who is hired for an indefinite period is
    presumed to be an at-will employee, but this presumption may be
    9
    rebutted. Cont’l Air Lines, Inc. v. Keenan, 
    731 P.2d 708
    , 711-12
    (Colo. 1987).
    ¶ 21 Policies contained in an employee manual addressing discipline
    or the termination of employment may, under some circumstances,
    serve as the basis for claims of either a breach of implied contract
    or promissory estoppel. 
    Id. These claims
    may be asserted by both
    private and public employees. Adams Cty. Sch. Dist. No. 50 v.
    Dickey, 
    791 P.2d 688
    , 694 (Colo. 1990).
    ¶ 22 Employees claiming a breach of an implied contract of
    employment based on an employee manual bear the burden of
    rebutting the presumption of at-will employment. 
    Keenan, 731 P.2d at 711
    . To do so, they must demonstrate:
    first, that in promulgating the termination
    procedures the employer was making an offer
    to the employee — that is, the employer
    manifested his willingness to enter into a
    bargain in such a way as to justify the
    employee in understanding that his assent to
    the bargain was invited by the employer and
    that the employee’s assent would conclude the
    bargain, Restatement (Second) of Contracts
    § 24 (1981) — and second, that his initial or
    continued employment constituted acceptance
    of and consideration for those procedures.
    
    Id. 10 D.
       Analysis
    1.    Binding Personnel Policies May Be Promulgated by the Sheriff
    Under Section 30-10-506
    ¶ 23 Relying on Seeley, the Sheriff contends (and the special
    concurrence apparently agrees) that the retention of the at-will
    employment concept in the statute requires us to hold that all
    policies promulgated by a sheriff relating to the termination of
    deputy sheriffs’ employment are only precatory. To conclude
    otherwise, according to the Sheriff, would write out of the statute
    the Sheriff’s statutory power to terminate at will the employment of
    a deputy.
    ¶ 24 For two reasons, we reject the Sheriff’s interpretation of section
    30-10-506. First, it is inconsistent with the statute’s conferral on
    the deputies of at least two due process rights. Second, based on
    the amended statutory language, we have no doubt that the
    General Assembly legislatively partly overruled Seeley. See
    Hearings on H.B. 1181 before the H. Local Gov. Comm., 65th Gen.
    Assemb., 1st Sess. (Feb. 7, 2006).
    ¶ 25 When it amended section 30-10-506, the General Assembly
    combined two contradictory concepts — at-will employment for
    11
    deputies, on the one hand, and the requirement that sheriffs
    provide at least some binding employment rights to their deputies,
    on the other. These inherent contradictions render the statute
    susceptible to at least two reasonable understandings; thus, it is
    ambiguous. People v. Jones, 
    2015 CO 20
    , ¶ 10.
    ¶ 26 Our job is to rationally construe the statute to give effect to all,
    not just some, of the words of the statute and to recognize the
    legislative intent to overrule Seeley in part. 
    Luther, 58 P.3d at 1015
    .
    ¶ 27 The statute unambiguously confers two due process rights on the
    deputies: “Before revoking an appointment of a deputy, the sheriff
    shall notify the deputy of the reason for the proposed revocation
    and shall give the deputy an opportunity to be heard by the sheriff.”
    § 30-10-506.
    ¶ 28 But the statute does more. It also requires sheriffs to “adopt
    personnel policies, including policies for the review of revocation of
    appointments.” 
    Id. The statute
    says nothing about whether any
    employment policies promulgated by sheriffs, beyond notice and a
    right to be heard, must be binding on the sheriff. We agree with the
    Sheriff that a construction of the statute that all such policies are
    12
    binding ignores and essentially writes out the at-will employment
    language. This is what the district court’s construction of the
    statute did, but neither the district court nor this court has that
    authority. Jefferson Cty. Bd. of 
    Equalization, 241 P.3d at 935
    .
    ¶ 29 But, if all of the policies, save the two due process rights
    identified above, were precatory, then the at-will employment
    relationship, though modified somewhat, would be preserved.
    ¶ 30 In Seeley, the supreme court held that the prior version of the
    statute simply did not authorize a sheriff to limit his right to fire his
    deputies at 
    will. 791 P.2d at 700
    . But the amendments to the
    statute overruled that holding, at least in part. Hearings on H.B.
    1181 before the H. Local Gov. Comm., 65th Gen. Assemb., 1st Sess.
    (Feb. 7, 2006). While the statute does confer on the deputies two
    binding due process rights, nothing in the statute expressly
    requires that all policies adopted by the sheriff are binding.
    ¶ 31 We reject the district court’s reasoning that it is illogical for the
    General Assembly to require the promulgation of employment
    policies and then permit the sheriff to ignore at least some of those
    policies. As a division of this court observed in Jaynes v. Centura
    Health Corp., precatory employment policies are not useless; they
    13
    may serve as “guidelines” for the employer, managers, and his
    employees. 
    148 P.3d 241
    , 249 (Colo. App. 2006). We thus reject
    the district court’s conclusion that only binding employment
    policies are meaningful and that all employment policies
    promulgated by the Sheriff must be binding.
    ¶ 32 But that does not mean that the Sheriff is prohibited by section
    30-10-506 from promulgating binding employment policies.
    ¶ 33 To summarize, the amended statute requires a sheriff to
    promulgate written employment policies. The sheriff must give his
    deputies the rights of notice and opportunity to be heard. Other
    employment policies promulgated by the sheriff may be, but are not
    required to be, binding. And if the sheriff elects to confer binding
    employment rights on his deputies, those rights are enforceable in
    accordance with their terms.
    ¶ 34 In this way, “we give effect to every word and render none
    superfluous because we ‘do not presume that the legislature used
    language idly and with no intent that meaning should be given to
    its language.’” Lombard v. Colo. Outdoor Educ. Ctr., Inc., 
    187 P.3d 565
    , 571 (Colo. 2008) (quoting Colo. Water Conservation Bd. v.
    14
    Upper Gunnison River Water Conservancy Dist., 
    109 P.3d 585
    , 597
    (Colo. 2005)).
    ¶ 35 Our construction of section 30-10-506 finds support in the
    United States District Court for the District of Colorado’s decision in
    Tonjes v. Park County Sheriff’s Office, the only published case that
    has addressed the 2006 version of section 30-10-506. 
    300 F. Supp. 3d
    1308 (D. Colo. 2018).
    ¶ 36 In Tonjes, as here, a sheriff’s deputy contended that the sheriff
    was bound by the employee manual’s policies, while the sheriff
    argued that section 30-10-506 and the manual’s disclaimer
    precluded the formation of an implied contract of employment. 
    Id. at 1319-20.
    Consistent with our holding, the federal court held
    that because of the 2006 amendments to section 30-10-506,
    sheriffs have “the ability to adopt policies that limit [their] power to
    terminate (demote, discipline, etc.) employees at will.” 
    Id. at 1319.
    2.    The Written Disclaimers Preclude an Implied Contract Claim
    as a Matter of Law, Except as to the Due Process Rights
    Conferred by Statute and by Those Terms in the Manual
    ¶ 37 The Sheriff next argues that, even if section 30-10-506 permits
    sheriffs to promulgate binding personnel policies, the disclaimers in
    both the Manual and the separate yearly disclaimers signed by
    15
    Cummings preclude, as a matter of law, the formation of an implied
    contract of employment.
    ¶ 38 The Manual included the following disclaimer:
    These guidelines do not alter the at-will status
    of employees of the Sheriff. The Sheriff may
    terminate members or revoke deputy
    appointments at will, with or without cause.
    No portion of these guidelines or policies shall
    constitute a contract of employment, either
    express or implied, between the Sheriff and the
    member, or the County and the member, nor
    is it a guarantee of employment for a specific
    term or duration.
    Additionally, once a year, Cummings signed a form that reiterated
    the terms of this disclaimer and stated:
    THE SHERIFF’S OFFICE DETENTION
    DIVISION MANUAL IS NOT INTENDED TO
    BE, NOR DOES IT CONSTITUTE A
    CONTRACT BETWEEN THE ARAPAHOE
    COUNTY SHERIFF AND ANY OF HIS
    EMPLOYEES. ALL ARAPAHOE SHERIFF
    EMPLOYEES ARE AT-WILL EMPLOYEES. All
    Arapahoe County Sheriff employees have the
    right to end their work relationship with
    organization with or without advance notice or
    cause. The Arapahoe County Sheriff has the
    same right to end the relationship.
    ¶ 39 Whether a contract disclaimer is clear and conspicuous is a
    question of law for the court. 
    Jaynes, 148 P.3d at 248
    . The
    disclaimers in most of the yearly forms signed by Cummings were
    16
    written in capitalized letters, bolded, and underlined. We need not
    determine whether the disclaimer in the Manual is clear and
    conspicuous, because the disclaimers in the yearly forms
    undoubtedly are clear and conspicuous under Colorado law. 
    Id. ¶ 40
    We next must determine whether these clear and conspicuous
    disclaimers preclude, as a matter of law, Cummings’ implied
    contract claims. Except with respect to the rights expressly granted
    to the deputy sheriffs by statute, we hold that they do.
    a.   The Manual’s Notice of Charges and Opportunity to be Heard
    Employment Policies
    ¶ 41 In his response to the Sheriff’s summary judgment motion,
    Cummings specifically contended that the Sheriff violated the
    Manual’s policy (and the statutory mandate) requiring that deputies
    receive timely notice of the reason for their proposed termination.
    While Cummings appears to concede that he received timely notice
    of the initial charges against him, he contends that he did not
    receive proper, timely notice of the additional charges that actually
    led to his termination.
    ¶ 42 As we held above, a deputy’s right to notice and an opportunity
    to be heard are explicitly protected by section 30-10-506. To the
    17
    extent the Manual enforces these statutory rights, the Manual may
    form the basis of an implied contract claim.
    ¶ 43 Parties may not contract to abrogate statutory requirements and
    thereby contravene the public policy of this state. Peterman v. State
    Farm Mut. Auto. Ins. Co., 
    961 P.2d 487
    , 492 (Colo. 1998). “A
    contract provision that violates public policy by diluting,
    conditioning or unduly limiting statutory coverage may be declared
    void and unenforceable.” 
    Id. Thus, to
    the extent the disclaimers
    purport to waive, as a condition of public employment, the deputies’
    rights to notice and the opportunity to be heard, they contravene
    the express terms of section 30-10-506 and are void as against
    public policy. See 
    id. ¶ 44
    Cummings claims that he did not receive the required notice of
    the charges that led to his dismissal, and the Sheriff disputes that
    interpretation of the record. Because the material facts on this
    question are disputed, a trier of fact (in this case a jury) must
    determine whether the Sheriff violated the Manual’s policies
    regarding notice of the charges against Cummings.
    18
    b. Other Policies in the Manual and the Disclaimers
    ¶ 45 Many of the policies contained in the Manual are worded in
    mandatory terms. We now address the purported conflict between
    the disclaimers and the mandatory language used in some of the
    policies, other than those that effectuate the due process rights
    conferred by section 30-10-506.
    ¶ 46 Several reported Colorado Court of Appeals cases have addressed
    this conflict, but the Colorado Supreme Court has not.
    ¶ 47 In Allabashi v. Lincoln National Sales Corp. of Colorado-Wyoming,
    
    824 P.2d 1
    , 3 (Colo. App. 1991), although the employee handbook
    contained a disclaimer of any contractual rights, other documents
    provided to Allabashi contained termination procedures and policies
    requiring just cause for termination. Allabashi testified that she
    relied on those policies and procedures. 
    Id. Relying on
    Cronk v.
    Intermountain Rural Electric Ass’n, 
    765 P.2d 619
    (Colo. App. 1988),
    and distinguishing Ferrera v. Nielsen, 
    799 P.2d 458
    (Colo. App.
    1990), the division held that the trial court did not err in submitting
    the implied contract claim to the jury. 
    Allabashi, 824 P.2d at 3
    .
    ¶ 48 In Cronk, the manual set “forth certain express events which
    might cause the employee to be terminated. In addition, the
    19
    manual state[d] that other reasons, not so expressed, could be
    grounds for termination, ‘as long as such legitimate reasons
    constitute just 
    cause.’” 765 P.2d at 623
    . Noting that “[t]he
    disclaimer upon which the trial court relied was added after the
    plaintiffs commenced their employment with IREA,” and that in
    their summary judgment affidavits, the “plaintiffs asserted that they
    had relied on the employee manual provisions concerning
    termination,” the division held that the trial court erred in granting
    summary judgment to the employer. 
    Id. ¶ 49
    In 
    Ferrera, 799 P.2d at 461
    , the division appears to have reached
    a conclusion contrary to that reached in Allabashi. Ferrera brought
    an action alleging wrongful discharge and both implied contract and
    promissory estoppel claims based on the employee handbook. 
    Id. at 459.
    The district court granted summary judgment to the employer
    on the implied contract claim, based on a disclaimer contained in
    the handbook.
    ¶ 50 The division affirmed on two bases. 
    Id. at 459-61.
    First, the
    division concluded that the handbook did not either expressly
    require just cause for dismissal or prescribe a progressive discipline
    process. 
    Id. at 461.
    Rather, the handbook expressly reserved the
    20
    right to discharge an employee whose conduct “in the opinion of the
    Company” warrants it. 
    Id. ¶ 51
    Second, the division held that “[s]ummary judgment denying
    claims based on a handbook is appropriate if the employer has
    clearly and conspicuously disclaimed intent to enter a contract
    limiting the right to discharge employees.” 
    Id. Concluding that
    the
    disclaimer was both “sufficiently clear” and “sufficiently
    conspicuous,” the division affirmed the summary judgment. 
    Id. ¶ 52
    More recently, a division addressed this question in Evenson v.
    Colorado Farm Bureau Mutual Insurance Co., 
    879 P.2d 402
    (Colo.
    App. 1993). Citing Ferrera, the division stated “[s]uch a
    manifestation of willingness to be bound can be inferred if there is
    no disclaimer in the manual stating that it does not constitute a
    contract or if such disclaimer, though present, is not clear and
    conspicuous.” 
    Id. at 409.
    But then, the division proceeded to say
    that “[f]urthermore, even if there is a disclaimer in the manual, an
    employer may nevertheless be found to have manifested an intent to
    be bound by its terms if the manual contains mandatory
    21
    termination procedures or requires ‘just cause’ for termination.”3
    
    Id. ¶ 53
    If employees could not reasonably construe anything in the
    manual as a promise of either procedural or substantive
    employment rights, an implied contract claim fails irrespective of
    whether there was a clear and conspicuous disclaimer. 
    Jaynes, 148 P.3d at 248
    ; George v. Ute Water Conservancy Dist., 
    950 P.2d 1195
    , 1198 (Colo. App. 1997).4 This is so because a fundamental
    requirement of all contracts is that the terms of a contract “must be
    sufficiently definite to enable the court to determine whether the
    contract has been performed or not.” Stice v. Peterson, 
    144 Colo. 3
    Later in the opinion, the division suggests another basis for its
    decision: “[W]hile the disclaimer provisions[] are clear, they were not
    emphasized. Indeed, they contain nothing to make them
    conspicuous.” Evenson v. Colo. Farm Bureau Mut. Ins. Co., 
    879 P.2d 402
    , 409 (Colo. App. 1993).
    4 In both Jaynes v. Centura Health Corp., 
    148 P.3d 241
    , 248 (Colo.
    App. 2006), and George v. Ute Water Conservancy Dist., 
    950 P.2d 1195
    , 1198 (Colo. App. 1997), divisions of this court were able to
    avoid either reconciling or disagreeing with the cases cited above.
    In both of those cases, the divisions concluded that the plaintiffs
    failed to cite policies in the employers’ manuals that could be
    construed as a promise of either procedural or substantive rights
    and thus failed to show that the manuals created an implied
    contract or were binding on promissory estoppel principles.
    
    Jaynes, 148 P.3d at 248
    ; 
    George, 950 P.2d at 1198
    .
    22
    219, 224, 
    355 P.2d 948
    , 952 (1960) (quoting Newton Oil Co. v.
    Bockhold, 
    115 Colo. 510
    , 518, 
    176 P.2d 904
    , 908 (1946)); see also
    Sheridan Redevelopment Agency v. Knightsbridge Land Co., 
    166 P.3d 259
    , 262 (Colo. App. 2007). If the disclaimer is not clear and
    conspicuous, it is wholly ineffective to displace promises contained
    in the handbook that are relied on by the employees. See 
    Ferrera, 799 P.2d at 461
    .
    ¶ 54 To the extent that some divisions of this court have held that
    even when the disclaimer is clear and conspicuous, the case
    nevertheless goes to the jury, we cannot subscribe to that result
    because it gives insufficient weight to a clear and conspicuous
    disclaimer.5 See People v. Smoots, 
    2013 COA 152
    , ¶ 20 (holding
    5 We do not eliminate the possibility that evidence other than the
    employee manual and the disclaimer could result in a factual
    question of whether an implied contract has been formed. Indeed,
    these facts seem to be in play in 
    Evenson, 879 P.2d at 409
    , where
    the division referred to testimony by the company’s managers to the
    effect that they regarded the disciplinary procedures as mandatory
    and treated them as mandatory. Whether viewed as an amendment
    to or an implied revocation of the disclaimer, facts such as those
    may well preclude summary judgment and require the fact finder to
    ultimately determine whether an implied contract was created. See
    I.M.A., Inc. v. Rocky Mountain Airways, Inc., 
    713 P.2d 882
    , 887
    (Colo. 1986) (“[I]t is for the jury to determine whether the parties
    have entered into a contract.”). But Cummings neither pleaded
    23
    that we are not bound by the decisions of other divisions of this
    court). That result also is not faithful to supreme court cases that
    have repeatedly reaffirmed the doctrine of at-will employment in
    Colorado (subject to several enumerated exceptions). See, e.g.,
    Keenan, 
    731 P.2d 708
    .
    ¶ 55 The purpose of a disclaimer is to inform the employee that the
    employer is not making contractual promises and that the employee
    remains an employee at will. It is difficult to understand how a
    reasonable employee could believe that the employer has made
    contractual promises in the face of a clear and conspicuous
    disclaimer that says exactly the opposite.
    ¶ 56 Thus, we hold that when a clear and conspicuous disclaimer
    informs an employee that he or she cannot reasonably rely on
    termination procedures or substantive restrictions on termination
    contained in an employee manual, a claim based on an implied
    contract claim ordinarily fails as a matter of law.6
    such circumstances nor supported his summary judgment
    opposition with such evidence.
    6 Because no promissory estoppel claim was pleaded in this case,
    we do not address the legal effects of clear and conspicuous
    disclaimers on such claims.
    24
    ¶ 57 We acknowledge that courts in other states have reached widely
    varying results on this question. See Stephen F. Befort, Employee
    Handbooks and the Legal Effect of Disclaimers, 13 Indus. Rel. L.J.
    326 (1991-92) (collecting cases).
    ¶ 58 We perceive that the rule we apply here is the majority rule. See
    Fed. Exp. Corp. v. Dutschmann, 
    846 S.W.2d 282
    , 283 (Tex. 1993) (“A
    disclaimer in an employee handbook, such as the one included by
    Federal Express, negates any implication that a personnel
    procedures manual places a restriction on the employment at will
    relationship.”); see also Davis v. Liberty Mut. Ins. Co., 
    218 F. Supp. 2d
    256 (D. Conn. 2002); Anderson v. Douglas & Lomason Co., 
    540 N.W.2d 277
    (Iowa 1995); Byrd v. Imperial Palace of Miss., 
    807 So. 2d
    433 (Miss. 2001); Woolley v. Hoffmann-La Roche, Inc., 
    491 A.2d 1257
    (N.J. 1985), modified, 
    499 A.2d 515
    (N.J. 1985); Ruzicki v.
    Catholic Cemeteries Ass’n of Diocese of Pittsburgh, 
    610 A.2d 495
    (Pa.
    Super. Ct. 1992); Bine v. Owens, 
    542 S.E.2d 842
    (W. Va. 2000);
    Bear v. Volunteers of Am., Wyo., Inc., 
    964 P.2d 1245
    (Wyo. 1998).
    ¶ 59 Other states hold that the existence of a disclaimer, even one
    that is clear and conspicuous, is but one factor in determining
    whether an employee manual forms an implied contract. See, e.g.,
    25
    Brace v. Int’l Bus. Machs. Corp., 
    953 F. Supp. 561
    , 567 (D. Vt.
    1997); Gonsalves v. Nissan Motor Corp. in Haw., Ltd., 
    58 P.3d 1196
    (Haw. 2002); Lee v. Canuteson, 
    573 N.E.2d 318
    (Ill. App. Ct. 1991);
    Hunt v. Banner Health Sys., 
    720 N.W.2d 49
    (N.D. 2006); Hodgson v.
    Bunzl Utah, Inc., 
    844 P.2d 331
    (Utah 1992).
    ¶ 60 In view of the indisputable presence of clear and conspicuous
    disclaimers, we need not determine whether the Manual, in fact,
    creates sufficiently definite promises or rights capable of
    enforcement under contract law. As a matter of law, these
    disclaimers preclude a successful implied contract claim based on
    any rights other than those that effectuate the specific due process
    rights granted by section 30-10-506.
    IV.   Conclusion
    ¶ 61 That part of the district court’s summary judgment order
    permitting Cummings to pursue an implied contract claim based on
    rights conferred in the Manual that effectuate the due process
    rights granted by section 30-10-506 is affirmed. In all other
    respects, the district court’s summary judgment order is reversed,
    and on remand the court is directed to grant the Sheriff’s motion for
    summary judgment to that extent.
    26
    JUDGE FREYRE concurs.
    JUDGE BERNARD specially concurs.
    27
    JUDGE BERNARD, specially concurring.
    ¶ 62 I agree with the result that the majority reaches: although the
    district court properly denied the sheriff’s motion for summary
    judgment concerning two statutory rights created by section 30-10-
    506, C.R.S. 2017, it erred when it denied the rest of the sheriff’s
    motion. But, as I explain below, I employ a different rationale to
    reach the same result.
    I.   Introduction
    ¶ 63 When interpreting a statute, a court focuses on its plain
    language, “construing words and phrases according to the rules of
    grammar and common use.” Roberts v. Bruce, 
    2018 CO 58
    , ¶ 8.
    The court’s “central task is to give effect to the General Assembly’s
    intent.” 
    Id. “To this
    end, [the court will] read the statute as a whole
    and seek to give consistent, harmonious, and sensible effect to all
    its parts.” 
    Id. “The plain
    language of the statute is the best
    indication of legislative intent, and clear and unambiguous
    language eliminates the need to resort to other principles of
    statutory construction such as legislative history . . . .” People v.
    J.J.H., 
    17 P.3d 159
    , 162 (Colo. 2001).
    28
    ¶ 64 “If a statute is clear and unambiguous on its face, then [the
    court] need not look beyond the plain language and must apply the
    statute as written.” McIntire v. Trammell Crow, Inc., 
    172 P.3d 977
    ,
    979 (Colo. App. 2007). To put it another way, if a court can give
    effect to the ordinary meaning of the words adopted by a legislative
    body, the statute should be construed as written “since it may be
    presumed that the General Assembly meant what it clearly said.”
    Griffin v. S.W. Devanney & Co., 
    775 P.2d 555
    , 559 (Colo. 1989). If a
    statute is unambiguous, a court does not “resort to legislative
    history or further rules of statutory construction.” Smith v. Exec.
    Custom Homes, Inc., 
    230 P.3d 1186
    , 1189 (Colo. 2010).
    ¶ 65 My analysis in this case would begin and end with the language
    of section 30-10-506, which I will refer to as “section 506.” As I
    explain below, I think that this language clearly and unambiguously
    describes a legislatively mandated rule that has been in effect in
    Colorado since 1877: sheriffs have the authority to fire their
    deputies at will.
    ¶ 66 Although the legislature amended section 506 in 2006, I do not
    believe that the amendments altered this rule. I recognize that the
    legislature may have intended to eliminate the rule and to
    29
    completely overrule Seeley v. Board of County Commissioners, 
    791 P.2d 696
    , 699 (Colo. 1990). But it is my respectful view that the
    plain language that the legislature employed in section 506
    achieved those purposes only to the extent that section 506 created
    two specific statutory rights, while it otherwise preserved the
    authority of sheriffs to fire deputies at will. For the purposes of this
    case, this means that the rules in the sheriff’s personnel manual
    did not, and could not, override the sheriff’s explicit statutory
    authority to fire the former deputy.
    II.   Comparison of the 1877 Statute and Section 506
    ¶ 67 As is pertinent to my analysis, the 1877 statute stated: “Each
    sheriff may appoint such and so many deputies as he may think
    proper . . . and may revoke such appointments at his pleasure.”
    G.L. 1877, § 493.
    ¶ 68 The language that the legislature adopted in 1877, with a few
    minor changes, remained in effect for 129 years. See Ch. 43, sec. 1,
    § 30-10-506, 2006 Colo. Sess. Laws 133 (showing that, before the
    2006 amendment, the statute read, “Each sheriff may appoint as
    many deputies as he may think proper . . . and may revoke such
    appointments at his pleasure.”).
    30
    ¶ 69 As a result of the legislature’s 2006 amendments, section 506
    now says:
    Each sheriff may appoint as many deputies as
    the sheriff may think proper and may revoke
    such appointments at will; except that a sheriff
    shall adopt personnel policies, including
    policies for the review of revocation of
    appointments. Before revoking an
    appointment of a deputy, the sheriff shall
    notify the deputy of the reason for the
    proposed revocation and shall give the deputy
    an opportunity to be heard by the sheriff.
    ¶ 70 Comparing judicial descriptions of employees who serve at the
    pleasure of an employer and of at-will employees, I conclude that
    there is no significant difference between them. “An employee who
    serves ‘at the pleasure’ of his employer generally may be discharged
    at any time without cause or formal procedure.” Johnson v.
    Jefferson Cty. Bd. of Health, 
    662 P.2d 463
    , 471 (Colo. 1983). An at-
    will employee “may be terminated by either [the employee or the
    employer] without cause and without notice.” Crawford Rehab.
    Servs., Inc. v. Weissman, 
    938 P.2d 540
    , 546 (Colo. 1997)(quoting
    Cont’l Airlines, Inc. v. Keenan, 
    731 P.2d 708
    , 711 (Colo. 1987)).
    ¶ 71 Our supreme court has carefully analyzed the language of the
    1877 statute in a series of cases. I explain those opinions next.
    31
    III.   Cases Analyzing the 1877 Statute
    ¶ 72 Because counties are political subdivisions of the State of
    Colorado, they only have “such powers as are expressly conferred
    . . . by the constitution and statutes, and such incidental implied
    powers as are reasonably necessary to carry out such express
    powers.” Bd. of Cty. Comm’rs v. Love, 
    172 Colo. 121
    , 125, 
    470 P.2d 861
    , 862 (1970), superseded by statute on other grounds, Ch. 213,
    1979 Colo. Sess. Laws 843. In other words, a county department,
    “as a political subdivision of the state, may not by rule or regulation
    abdicate the authority and responsibility delegated to it by the
    legislature.” 
    Johnson, 662 P.2d at 471
    .
    ¶ 73 As a result, “a local government may not forbid that which the
    state has explicitly authorized.” 
    Id. This means
    that, if the
    legislature has given a county official the authority to terminate
    employees at will, then a county’s personnel rules “do not override
    the explicit statutory authority of the [official] to discharge [an
    employee].” 
    Id. ¶ 74
    Seeley, 791 P.2d at 699
    , applied these principles when
    considering the language of the 1877 statute. The supreme court
    concluded that this plain language meant that a sheriff could not,
    32
    via the sheriff’s personnel policies collected in a personnel manual,
    “limit his power to terminate deputy sheriffs.” 
    Id. at 700.
    Those
    policies, the supreme court thought, contravened the 1877 statute,
    and, by doing so, the policies sought to “forbid that which the state
    has explicitly authorized.” 
    Id. (quoting Adams
    Cty. Sch. Dist. No. 50
    v. Dickey, 
    791 P.2d 688
    , 690 (Colo. 1990)). To put it another way,
    the 1877 statute “did not authorize [the sheriff] to limit his
    statutory power to discharge deputy sheriffs at his pleasure.” 
    Id. ¶ 75
    Seeley held that a local government entity, such as a sheriff’s
    office, “may limit its power to terminate employees if it possesses
    the requisite statutory authority to do so.” 
    Id. at 699.
    Only the
    legislature can provide the “requisite statutory authority.”
    ¶ 76 So what does such “statutory authority” look like? Dickey
    provides one example. In that case, a statute “authorize[d] school
    boards to adopt written policies, rules and regulations.” 
    Dickey, 791 P.2d at 692
    . The subjects of the rules and regulations were
    “inherently related to practices affecting the employment,
    promotion, and dismissal of personnel.” 
    Id. The statute
    did not
    require school boards “to adopt employment termination
    procedures,” but “if they cho[]se to do so the promulgation of such
    33
    procedures constitute[d] an authorized exercise of the powers
    granted to school boards” by the statute. 
    Id. ¶ 77
    The supreme court was careful to point out that the statutory
    language in Dickey “differ[ed] significantly from statutory provisions
    which have been held to override employment termination
    procedures established by local governments.” 
    Id. The court
    listed
    three cases to support this distinction.
    ¶ 78 In Johnson, the statute stated that a county public health officer
    “shall be appointed by the board [of health] to serve at the pleasure
    of the 
    board.” 662 P.2d at 471
    (quoting § 25-1-505(1), C.R.S.
    1973). The supreme court thought that this language “expressed
    the legislature’s judgment that county boards of health should have
    the authority to discharge county public health officers ‘at any time
    without cause or formal procedure.’” 
    Dickey, 791 P.2d at 692
    (quoting 
    Johnson, 662 P.2d at 471
    ).
    ¶ 79 In Kennedy v. Board of County Commissioners, 
    776 P.2d 1159
    ,
    1160 (Colo. App. 1989), a statute read that “[a]ny persons
    appointed to such offices shall serve at the pleasure of the board of
    county commissioners.” A division of the court of appeals noted
    34
    that this language “define[d] the employee as terminable at will and
    [it] supersede[d] any county declaration to the contrary.” 
    Id. ¶ 80
    And, in Seeley, the supreme court considered the language in the
    predecessor statute to section 506 that we have quoted above:
    “Each sheriff may appoint as many deputies as he may think proper
    . . . and may revoke such appointments at his 
    pleasure.” 791 P.2d at 699
    (quoting § 30-10-506, C.R.S. 1986). The court in Dickey
    decided that this language made “deputy sheriffs employees at will,”
    and, as a result, sheriffs had “no power to alter the employment
    status of deputy sheriffs through the promulgation of employee
    manuals.” 
    791 P.2d 692
    .
    IV.   Interpretation of Section 506
    ¶ 81 Applying the principles of statutory construction that I described
    in the Introduction, I conclude that the language in section 506 is
    plain and clear. I think that it continues the legislatively mandated
    rule that appeared in the 1877 statute: a sheriff may terminate a
    deputy’s appointment “at will.” This means that a sheriff may fire a
    deputy “without cause and without notice,” Crawford Rehab. Servs.,
    
    Inc., 938 P.2d at 546
    , and that such a decision “does not give rise to
    a cause of action,” 
    Dickey, 791 P.2d at 691
    .
    35
    ¶ 82 Next, the legislature also has the authority to “create[] exceptions
    to the employer’s general right to terminate an employee at-will.”
    Crawford Rehab. Servs., 
    Inc, 938 P.2d at 546
    . I find two of those
    exceptions in section 506: a sheriff must give a deputy (1) notice of
    the reason why he or she is firing the deputy; and (2) an
    opportunity “to be heard by the sheriff.” In other words, section
    506 limits a sheriff’s at-will authority to fire a deputy in these two
    ways. See Crawford Rehab. Servs., 
    Inc., 938 P.2d at 546
    .
    ¶ 83 But what is the effect of the language in section 506 that requires
    sheriffs to adopt policies “for the review of revocation of
    appointments”? Does it set out additional exceptions to “the
    employer’s general right to terminate an employee at-will”?
    Crawford Rehab. Servs., 
    Inc., 938 P.2d at 546
    . I would answer the
    second question “no.”
    ¶ 84 The requirement that a sheriff must adopt policies for reviewing
    the decision to fire a deputy is not accompanied by language stating
    that a sheriff is bound by those policies, or that the sheriff must
    “follow” or “comply with” them, or that they “control,” “modify,” or
    “limit” the sheriff’s discretion to fire deputies at will. And I cannot
    add such language to section 506 in the course of interpreting it.
    
    36 Will. v
    . Dep’t of Pub. Safety, 
    2015 COA 180
    , ¶ 85 (“[W]hen
    interpreting a statute, ‘we must accept the General Assembly’s
    choice of language and not add or imply words that simply are not
    there.’” (quoting People v. Benavidez, 
    222 P.3d 391
    , 393-94 (Colo.
    App. 2009))); Carruthers v. Carrier Access Corp., 
    251 P.3d 1199
    ,
    1204 (Colo. App. 2010)(“[W]e will not interpret a statute to mean
    that which it does not express.”).
    ¶ 85 So what purpose does the requirement in section 506 that
    sheriffs adopt policies “for the review of revocation of appointments”
    serve? I conclude that the policies are “discretionary rather than
    mandatory termination procedures,” Jaynes v. Centura Health
    Corp., 
    148 P.3d 241
    , 249 (Colo. App. 2006), because the
    requirement is not accompanied by statutory language requiring
    sheriffs to follow the policies. Cf. Kreimeyer v. Hercules, Inc., 892 F.
    Supp. 1374, 1378 (D.C. Utah 1994) (discretionary personnel
    policies were guidelines or a management tool and did not create an
    implied employment contract).
    ¶ 86 Because I conclude that the legislatively mandated at-will
    employment rule survived the 2006 amendments, I think the
    supreme court cases that interpreted the 1877 statute still apply to
    37
    this case. I would therefore additionally conclude that, although
    the legislature amended the 1877 statute in 2006, the continued
    presence of the legislatively mandated at-will employment rule in
    section 506 means that the resolution of this case is controlled by
    Seeley instead of Dickey. As the supreme court pointed out in
    Seeley, the 1877 statute “explicitly authorize[d] . . . sheriffs to
    discharge deput[ies] . . . at their 
    pleasure.” 791 P.2d at 699
    .
    Section 506 does the same thing. So section 506 “did not authorize
    [the sheriff] to limit his statutory power to discharge deput[ies] . . .
    at his pleasure.” 
    Seeley, 791 P.2d at 699
    -700; see 
    Johnson, 662 P.2d at 471
    (“We conclude . . . that the . . . personnel rules, even
    though adopted by the board of health, do not override the explicit
    statutory authority of the board to discharge a public health officer
    appointed by the board.”).
    ¶ 87 Turning to the statute in Dickey, it did not make an explicit
    reference to school boards having the power to terminate
    employment at will, and it did not state that employees served at
    the pleasure of the school boards. Rather, it gave the school boards
    discretionary powers “[t]o discharge or otherwise terminate the
    employment of any personnel.” 
    Dickey, 791 P.2d at 691
    . Section
    38
    506 is different: it expressly gives sheriffs the authority to terminate
    deputies’ employment at will by clearly stating that sheriffs “may
    revoke” the appointments of deputies “at will.”
    ¶ 88 The supreme court observed in 
    Kennedy, 776 P.2d at 1160
    , that
    statutory provisions such as section 506 “have been construed to
    bar claims for breach of contract based on assurances in an
    employee handbook under the rationale that such a statute defines
    the employee as terminable at will and the statute supersedes any
    county declaration to the contrary.” Accord 
    Johnson, 662 P.2d at 471
    (A county’s personnel rules “do not override the explicit
    statutory authority of the [official] to discharge [an employee].”).
    Relying on Seeley, Kennedy, and Johnson, I would therefore
    conclude that section 506 bars the deputy’s claim in this case that
    the sheriff’s employment policies, as embodied in the policy manual,
    created an implied employment contract that the Sheriff breached
    when he fired the deputy.
    ¶ 89 To summarize, reading the three components of section 506
    together leads me to conclude that (1) the legislature preserved the
    rule that it first adopted in 1877 that sheriffs have the authority to
    terminate deputies’ appointments at will; (2) this authority is now
    39
    subject to two exceptions and to two exceptions only; and,
    therefore, (3) the legislature made clear that sheriffs have “no
    [additional] power to alter the employment status of deputy sheriffs
    through the promulgation of employee manuals.” 
    Dickey, 791 P.2d at 692
    .
    ¶ 90 I would therefore, like the majority, (1) affirm the district court’s
    order denying the sheriff’s motion for summary judgment with
    respect to two specific statutory rights created by section 506; but
    (2) otherwise reverse the court’s order denying the motion.
    40
    

Document Info

Docket Number: 18CA0499

Citation Numbers: 2018 COA 136, 440 P.3d 1179

Filed Date: 9/6/2018

Precedential Status: Precedential

Modified Date: 10/2/2018

Authorities (39)

Roberts v. Bruce , 420 P.3d 284 ( 2018 )

Lee v. Canuteson , 214 Ill. App. 3d 137 ( 1991 )

Johnson v. Jefferson County Board of Health , 1983 Colo. LEXIS 536 ( 1983 )

Davis v. Liberty Mutual Insurance , 218 F. Supp. 2d 256 ( 2002 )

Ruzicki v. Catholic Cemeteries Ass'n , 416 Pa. Super. 37 ( 1992 )

BOARD OF COUNTY COMRS. OF COUNTY OF DOLORES v. Love , 470 P.2d 861 ( 1970 )

Anderson v. Douglas & Lomason Co. , 1995 Iowa Sup. LEXIS 245 ( 1995 )

Ferrera v. Nielsen , 14 Brief Times Rptr. 1256 ( 1990 )

Vaughan v. McMinn , 1997 Colo. J. C.A.R. 1973 ( 1997 )

Woolley v. Hoffmann-La Roche, Inc. , 101 N.J. 10 ( 1985 )

McIntire v. Trammell Crow, Inc. , 2007 Colo. App. LEXIS 2092 ( 2007 )

Wolf Ranch, LLC v. City of Colorado Springs , 220 P.3d 559 ( 2009 )

George v. Ute Water Conservancy Dist. , 1997 Colo. J. C.A.R. 3423 ( 1997 )

Sheridan Redevelopment Agency v. Knightsbridge Land Co. , 2007 Colo. App. LEXIS 1028 ( 2007 )

Jefferson County Board of Equalization v. Gerganoff , 2010 Colo. LEXIS 820 ( 2010 )

Jaynes v. Centura Health Corp. , 148 P.3d 241 ( 2006 )

Peterman v. State Farm Mutual Automobile Insurance Co. , 98 Colo. J. C.A.R. 3507 ( 1998 )

People v. Benavidez , 222 P.3d 391 ( 2009 )

Federal Express Corp. v. Dutschmann , 36 Tex. Sup. Ct. J. 530 ( 1993 )

Brace v. International Business MacHines Corp. , 953 F. Supp. 561 ( 1997 )

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