Legal Opinion

People ex rel. S.N.

Colorado Court of Appeals

Decided November 21, 2013No. Court of Appeals No. 12CA2078Published

1Opinion of the Court

Opinion by JUDGE FURMAN

¶ 1 Mother and father appeal the summary judgment adjudicating their newborn child, S.N., dependent and neglected. The summary judgment was based on a theory of *502prospective harm-that there was a risk that the parents would harm S.N. in the future-premised on the trial court's prior summary judgment terminating the parents' relationships with their three older children. The central issue on appeal is whether prospective harm is a factual question that precludes summary judgment. We conclude that it is. We thus reverse the trial court's summary judgment and remand for an…

2Cases cited33 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Churchey v. Adolph Coors Co.Supreme Court of Colorado · 1988
  3. Trinity Broadcasting of Denver, Inc. v. City of WestminsterSupreme Court of Colorado · 1993
  4. Aspen Wilderness Workshop, Inc. v. Colorado Water Conservation BoardSupreme Court of Colorado · 1995
  5. People ex rel. A. M. D.Supreme Court of Colorado · 1982

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