Category: 2012 Success

Falcon Ridge – Summary Judgment

December 2012 Falcon Ridge at Springs Ranch Homeowners Association, Inc., a Colorado Nonprofit Corporation v. MDC Holdings, Inc. d/b/a Richmond American Homes, a Delaware Corporation; Richmond American Homes of Colorado, Inc., a Delaware Corporation; Falcon Ridge Partners, Llc, a Colorado Limited Liability Company; Zephyr Real Estate, LLC d/b/a Zephyr Real Estate Company, a Colorado Limited Liability Company; Colorado Commercial Builders, Inc., a Colorado Corporation; Challenger Homes, Inc., a Colorado Corporation;…

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Canfora Dismissal

December 2012 Joseph Canfora, Merit Cripple Creek, LLC, Merit Management LP v. John Schaffer, 12 CV 3332, Jefferson County District Court. Karen Wheeler and Jami Maul obtained an order dismissing the plaintiffs’ claims. Those claims included defamation per se , defamation per quod and statutory negligence, including allegations of conduct in violation of the Criminal Libel statute, section 18-13-105, C.R.S., and the Consumer Protection Act, section 6-1-105, C.R.S. The court…

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Cliffs of Durango, Inc. v. KW Enterprises

November 2012 Cliffs of Durango, Inc., A Colorado Corporation, v. KW Enterprises, LLC, A Colorado Limited Liability Company, Steve Winer, Individually, And Kathy Winer, Individually, Civil Action 11CV496, La Plata District Court. Mr. Waters represented the general contractor when Plaintiff sued for alleged construction defects related to the construction of a mountain road that provides access to multi-million dollar properties. Mr. Waters was able to establish through depositions that the…

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Wittwer – Partial Dismissal

August 2012 Wittwer v. GJGG Holdings, LLC, GIGG Operations, LLC, d/b/a Gold’s Gym Grand Junction, Synergy Fitness Group, Inc., Precor, Inc., Shad Woodland and Richardson Design Partnership, Inc., Mesa District Court, Civil Action 11CV4668. Karen Wheeler obtained partial dismissal in a case involving an alleged slip and fall injury related to a treadmill. Plaintiff alleged she fell after entering an area of Gold’s Gym known as the “cardio cinema room,”…

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Rocha v. Auto Owners – Summary Judgment

August 2012 Delfino Rocha, Jr. D/B/A Empire Floor Cleaning, V. Bradley Insurance Group, a Trade Name For Schneider Insurance, Inc. and Auto Owners Insurance Company, 11CV1982, Denver District Court. Karen Wheeler won the opposing party’s summary judgment motion. Although the plaintiff filed a motion for summary judgment, the Court agreed with the defense and ultimately entered summary judgment for the defense. Plaintiff, who operated a janitorial services company, purchased a…

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Donato v. Anderson – Partial Summary Judgment

August 2012 Bruce M. Donato v. Wendy Britta Anderson and Coralue Anderson d/b/a Kneisel and Anderson, Civil Action 2012CV61, Clear Creek District Court. Karen Wheeler and Jami Maul won partial summary judgment in a personal injury case. The court dismissed the negligence per se claim and the negligent training claim.

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Elk Creek v. HEI

August 2012 Elk Creek Sand and Gravel, LLC and Ms. Juliet Moores v. Hudick Excavating, a/k/a (HEI Civil), Rocky Mountain Signing, Evans Holding a/k/a Overkook Mine, a/k/a Ken Evans, Civil Action 11CV4165, Jefferson District Court. Brian Waters represented Hudick Excavating in an action involving claims related to the construction of the Shaffers Crossing Project at US 285 and Elk Creek Road. The plaintiffs asserted claims for promissory estoppel, trespass, strict…

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Rand v. S. – Summary Judgment

July 2012 Janis Rand v. R.S., Aurora Therapeutic Massage d/b/a Elements Therapeutic Massage, Michelle C. Merhib, and Shannon Barker, Civil Action 10 CV 1623, Arapahoe District Court. Karen Wheeler obtained summary judgment in a case involving allegations of inappropriate touching during a massage. The court found that the company and its owners were not responsible for the alleged inappropriate conduct of masseur that was outside the scope of employment.

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Stay and Dismissal – Old Farm v. Hogan

June 2012 Old Farm Townhomes Homeowners Association, Inc., A Colorado Non-Profit Corporation, On Its Own Behalf And On Behalf Of Its Members v. Postle Development Company f/k/a James Construction Company; James Company, A Division Of Tousa Homes, Inc; Engle Homes/Colorado Inc., A Division Of Tousa Homes, Inc.; Tousa Homes, Inc.; James Postle, Individually; Aggregate Industries-WCR Inc.; B&M Concrete, Inc.; Bee Jay Iron, Inc.; Blue Spruce Seamless Gutters; Complete Home Improvement,…

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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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