Todd v. Bear Valley Village Apartments

In Todd v. Bear Valley Village Apartments, 980 P.2d 973 (Colo. 1999), the supreme court reaffirmed the principle that a party should not be denied his or her day in court because of an inflexible application of the rules of procedure. Further, in determining whether the severe sanction of witness preclusion is appropriate, the trial court should consider a number of factors including whether the opposing party will have an adequate opportunity to defend against the evidence.