Category: 2014 Success

Plaintiff’s Summary Judgment Motion Denied – Rickard

December 2014 Rickard et al. v. McKee, Civil Action 2014CV30703, Arapahoe District Court.  Mr. Waters defended an individual in a civil matter who was previously convicted of causing the death of one individual and injury to others while intoxicated.  During the civil action, the plaintiffs sought a summary judgment ruling that the automobile accident constituted a felonious killing such that they were automatically entitle to enhanced damages.  Mr. Waters convinced…

Read More

Court Grants Summary Judgment Against Juliet Piccone and The Piccone Law Firm, LLC

December 2014 Piccone and Piccone Law Firm, LLC v. Cline, Minneman and Almost Home Adoptions, Civil Action 14CV31148, Jefferson District Court. Juliet Piccone and The Piccone Law Firm, LLC filed an action for libel per se, injunction and restraining order, extreme and outrageous conduct/intentional infliction of emotional distress, tortious interference with contract, invasion of privacy, civil conspiracy and respondeat superior liability. The court agreed with Karen Wheeler and Jami Maul…

Read More

Bifurcation win – Bradburn v. Beazer Homes

December 2014 Bradburn Townhomes Association, Inc. v. Beazer Homes Holdings Corp. and Lisa Perman v. A.G. Wassenaar, Inc.; Professional Service Industries, Inc.; Carroll & Lange, Inc.; Civitas, Inc.; Vigil Land Consultants; AAA Waterproofing, Inc.; Builder Services Group, Inc. dba Allied Insulation; Alpine Lumber Company dba Alpine Truss Co.; B&J Surveying, Inc.; Campbell Beard Roofing, Inc.; Century Foundation & Caisson Drilling, Inc.; Clark Bros. Excavating, Inc.; Custom Fence & Supply, Inc.;…

Read More

Summary Judgment – Hofmann v. The Estate of Donald Chandler

July 2014 Amanda Hofmann v. The Estate of Donald Chandler, Deceased, And Julie Fischer, civil action 13CV2249, El Paso District Court. Karen Wheeler obtained summary judgment in an auto accident case. Although plaintiff may have timely filed her complaint, the defendant was deceased. In Colorado, the statute of limitation is tolled for four months following a death in order for the plaintiff to serve a decedent’s estate. However, plaintiff failed…

Read More

Claim Dismissal – Craig & Kimberly Sheffield v. Four Seasons Sales USA, Inc.

July 2014 Craig & Kimberly Sheffield v. Four Seasons Sales USA, Inc., Civil Action 2014CV030341, Boulder District Court. Plaintiff Craig Sheffield claimed he was injured on the property of another. Yet, he sought liability both under the premises liability act, section 13-21-115, C.R.S. and under the common law theory of vicarious liability. The Court dismissed the vicarious liability claim, finding that the premises liability act is the plaintiffs’ exclusive remedy.

Read More

Wettstein v. Jackson Square et al. – Claim Dismissed

July 2014 Wettstein v. Jackson Square Properties, Apartment Management Consultants, LLC and Jimenez Landscaping, Civil Action 2014CV030869, Denver District Court. In a case involving a slip and fall injury, Karen Wheeler won dismissal of a contribution claim. In addition, the Court ordered the cross-claimant to provide a more definite statement of the two remaining claims.

Read More

Court Affirms Dismissal of Cross-Claims – Dwyer

June 2014 David Dwyer v. Mark And Carole Burns, LLC; Castlegate Garage Door Service, Inc.; Enright Asphalt, LLC; and Enright Companies, LLC d/b/a Enright Asphalt, LLC, Civil Action 13CV33450, Denver District Court. The Court previously dismissed Castlegate’s cross-claims against Enright for indemnification. However, Castlegate essentially sought reconsideration of the dismissal order in a motion it captioned a motion for clarification. Castlegate admitted that the lack of a guardrail on a…

Read More

Enright’s Cross-Claims Claims Allowed to Proceed

June 2014 David Dwyer v. Mark And Carole Burns, LLC; Castlegate Garage Door Service, Inc.; Enright Asphalt, LLC; and Enright Companies, LLC d/b/a Enright Asphalt, LLC, Civil Action 13CV33450, Denver District Court. Brian Waters represented Enright in a case related to a slip and fall injury. The Court dismissed the plaintiff’s claims and also dismissed Castlegate’s claims for indemnification. Thereafter, the Court denied Castlegate’s motion seeking to dismiss Enright’s cross-claims…

Read More

Summary Judgment Win – No Duty – Dwyer

June 2014 David Dwyer v. Mark And Carole Burns, LLC; Castlegate Garage Door Service, Inc.; Enright Asphalt, LLC; and Enright Companies, LLC d/b/a Enright Asphalt, LLC, Civil Action 13CV33450, Denver District Court. The Court agreed with Brian Waters, finding that Enright owed no duty to plaintiff. Mr. Dwyer slipped and fell off a loading dock ramp while purchasing garage door supplies. He alleged that in addition to curbing, the ramp…

Read More

Summary Judgment Win – Bass

May 2014 Bass v. SFS d/b/a OF, Civil Action 12CV30024, Broomfield District Court. Karen Wheeler and Jami Maul won summary judgment for OF in an altercation case. Plaintiff Ricky Bass alleged that CS and KB brutally attacked him in the eighth floor hallway of a hotel in Boulder, Colorado. Mr. Bass further alleged that CS and KB were employees of OF and were attending OF’s holiday party at the hotel….

Read More

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." […]
© 2019 Wheeler Law, Professional Corporation . Powered by WordPress. Theme by Viva Themes..