Category: 2011 Success

O’Donell v. Gray – Summary Judgment

November 2011 O’Donell v. Gray, Civil Action 10CV1131, Boulder District Court. Karen Wheeler won summary judgment in a case involving an auto vs. bicycle accident. The Plaintiff was riding her bicycle on the right-hand shoulder of a road. The bicyclist passed the defendant and was then involved in an accident as the bicyclist attempted a left hand turn. The plaintiff claimed a serious back injury resulting in the need for…

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Adugna v. Ethiopian Orthodox Tewahedo St. Mary’s Church, Inc. – Dismissal

November 2011 Adugna v. Ethiopian Orthodox Tewahedo St. Mary’s Church, Inc., Civil Action 2011CV1050, Arapahoe District Court. Approximately a dozen church members or former church members sought the appointment of a receiver to govern the church, alleging that the board had improperly used church funds in connection with building a new church building, failed to comply with multiple bylaws and illegally terminated the priest. Karen Wheeler filed a motion to…

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Ethiopian Orthodox Church v. Lulu – Claims Dismissed

November 2011 Ethiopian Orthodox Church v. Lulu, 10CV205135, Arapahoe District Court. A Church board sought to terminate and evict the church priest, Reverend Lulu. In response, Reverend Lulu brought counterclaims for unlawful termination and unpaid wages, among others. Karen Wheeler represented the Ethiopian Orthodox Church in defense of the counterclaims. The firm filed a motion for partial summary judgment with respect to Reverend Lulu’s wrongful termination claim, arguing that Reverend…

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Sandoval v. Ace Hi Tavern – Dismissal

September 2011 Sandoval v. Ace Hi Tavern, Civil Action 11CV5151, Denver District Court. Karen Wheeler won a motion to dismiss. The Plaintiff alleged she was beaten to the point of losing consciousness. The Plaintiff and her friends were initially inside the Ace Hi Tavern, where plaintiff met Christopher Vanderstokker, who is alleged to have later assault plaintiff. Plaintiff was allegedly subjected to racial taunts and slurs from Mr. Vanderstokker while…

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Perez v. Ellis – Court Limits Expert Opinions

July 2011 Karen Wheeler obtained an order limiting expert testimony at trial. The Plaintiff disclosed experts late and generally provided topics for discussion rather than opinions with the required basis for such opinions. The Court ordered that plaintiff’s experts are limited at trial to opinions expressly found in their medical records.

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Plaintiff Agrees to Dismiss Case – Rennick

June 2011 Gina Rennick v. Seven Springs Homeowners Association, Inc., and Myre, LLC, Civil Action 10CV8969, Denver District Court. Karen Wheeler won dismissal of a premises liability case. Plaintiff, a tenant in a condominium unit owned by the firm’s client, brought a premises liability action against both the firm’s client and the condominium homeowner’s association. Plaintiff alleged she was severely injured when she slipped and fell on a patch of…

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HOA Summary Judgment – Block v. Windsong Ranch HOA

June 2011 Fred Block and Carolyn Block v. Tom Shrader and Allison Shrader v. Windsong Ranch Homeowners Association, Inc., and Windsong Ranch Homeowners Association, Inc. Architectural Control Committee, Civil Action 2010C9608, Weld County Court. Karen Wheeler won summary judgment in a second case after winning a prior appeal. In the first case, several individual home owners challenged a decision made by the architectural control committee with respect to roof material…

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Bad Faith Case Dismissed – Cook v. Auto-Owners

June 2011 Jon C. Cook and The Lumberyards Development, L.L.C. v. Auto-Owners Insurance Company, Civil Action 11CV892, Denver District Court. Karen Wheeler won an order dismissing a bad faith case against Auto-Owners Insurance Company. The case involved a building fire loss. Plaintiffs, the building owners, failed to insure their building and then sought insurance coverage under their tenant’s policy after the fire. The plaintiffs alleged that they were covered under…

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U.S. Bank Garnishment Dismissal – Kowalczyk

March 2011 Paul Kowalczyk, Crossbar Sports, Inc., Raymond Kowalczyk and Alice Kowalczyk, Plaintiffs v. Puckmasters Hockey Training Centre, Inc., a British Columbia corporation, Anthony Adkins, individually and as President of Crossbar Sports, Inc., and Brenda Labuda, individually and as Vice President and Secretary of Crossbar Sports, Inc., Defendants; and U.S. Bank, Garnishee, Civil Action 03CV4773, Arapahoe District Court. The plaintiffs, who won a judgment against the defendants, sought to garnish…

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Sanctions – Woelfel v. Wildhorn

March 2011 Roland R. Woelfel v. Stuart Wildhorn and Mary Kay Wildhorn, Broomfield District Court, Civil Action 10CV125, Broomfield District Court. Karen Wheeler obtained an order striking the plaintiff’s expert witnesses. The court also awarded attorney fees and costs as a result of the plaintiff’s failure to properly prosecute his case.

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Recent Success

  • The firm won this construction defect case at the Colorado Court of Appeals. […]
  • Defendant won summary judgment based on a finding that plaintiff's notice of a claim was untimely and resulted in prejudice as a matter of law. […]
  • November 2018 Bailey v. GEICO Casualty Company, civil […]
  • August 2018 Grenillo v. Estate of Joel Hansen, civil […]
  • Summary judgment win! Court held, "If there were ever two claims that should not have been raised in an insurance-coverage-dispute case, Claims Two and Three for unreasonable delay and bad faith are certainly those two claims." […]
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