Category: 2015 Success

Petition for Appellate Rehearing Denied – Dwyer

November 2015 David Dwyer, Plaintiff v. Enright Companies, LLC, Defendant-Appellee; and Mark & Carole Burns, LLC and Castlegate Garage Door Services, Inc., Defendants-Appellants, 14CA1744 (Colo.App. 2015). This matter involved allegations of a construction defect leading to personal injury. After Brian Waters won at the trial court and won a subsequent appeal, the opposing parties filed a Petition for Rehearing with the Colorado Court of Appeals. They sought reconsideration of one…

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Award of Attorney Fees and Costs – Expert Flooring Solutions LLC v. Auto Owners Insurance Company

November 2015 Expert Flooring Solutions LLC, et al. v. Auto Owners Insurance Company, Civil Action 2015CV31947, Denver District Court. Karen Wheeler represented Auto Owners Insurance Company and obtained dismissal of the claims against Auto Owners. She then sought and won a judgment against the plaintiffs for attorney fees and costs.

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Summary Judgment – Brunger v. Dave’s Flow Measurement, LLC

October 2015 Brunger v. Dave’s Flow Measurement, LLC, Civil Action 14CV31196, Larimer District Court. Brian Waters won summary judgment his client. Grant Brunger was living in employee housing while working in North Dakota when a co-employee allegedly punched and pushed Mr. Brunger through a plate glass window in a storm door. Mr. Brunger sued his employer for negligence in the hiring, retention and supervision of the employee who allegedly caused…

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Dismissal – Expert Flooring Solutions LLC v. Auto Owners Insurance Company

September 2015 Expert Flooring Solutions LLC, et al. v. Auto Owners Insurance Company, Civil Action 2015CV31947, Denver District Court. Plaintiffs alleged they suffered the theft of thousands of dollars worth of tools and filed an insurance claim. However, Auto Owners denied the claim on the basis that the insured failed to cooperate and provide Auto Owners the information it needed to adjust the claim. Expert Flooring filed claims for breach…

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$10K in Costs – Edge Construction, LLC v. Owners Ins. Co.

September 2015 Edge Construction, LLC v. Owners Insurance Company, Civil Action 14-cv-00912-MJW, U.S. District Court, District of Colorado. After winning the case on summary judgment, Karen Wheeler sought an award of costs. On September 9, 2015, the U.S. District Court awarded Owners Insurance Company $10,019.40 in costs.

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Appellate Win – Hofmann v. Estate of Donald Chandler

September 2015 Hofmann v. Estate of Donald Chandler, 14CA1742 Colorado Court of Appeals (2015). Karen Wheeler previously won summary judgment on a case that was filed in violation of the statute of limitation. After an automobile accident and before plaintiff filed her lawsuit, Donald Chandler died. Plaintiff originally sued Donald Chandler. Later, plaintiff initiated an estate for the decedent and named herself as the administrator of the estate. Plaintiff amended…

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Appellate Win – Dwyer

September 2015 David Dwyer, Plaintiff v. Enright Companies, LLC, Defendant-Appellee; and Mark & Carole Burns, LLC and Castlegate Garage Door Services, Inc., Defendants-Appellants, 14CA1744 (Colo.App. 2015). Brian Waters convinced the Court of Appeals to uphold the trial Court’s decision to dismiss claims against his client. Mr. Dwyer fell from the side of a loading dock ramp owned and operated by Mark & Carole Burns, LLC; and Castlegate Garage Door Services,…

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Sanctions – Berry

August 2015 Berry v. 1836 BLAKE STREET, LLC, et al., Civil Action 14CV34220, Denver District Court. Karen Wheeler won a remedial sanction against the plaintiff for failing to timely disclose fact witnesses.

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Dismissal – C&A Construction v. Hudick Excavating, Inc.

August 2015 Highlands At Stonegate North Condominium Association v. C&A Construction, Inc. d/b/a C&A Companies and Highlands at Jordan, Inc. and C&A Construction, Inc. d/b/a C&A Companies v. All Things Green, Inc.; Allied Insulation; C&A Concrete, LLC; Campbell Beard Roofing, Inc.; Concrete & Excavating, Inc.; Creative Dimensions, LLC; CVL Consultants, Inc.; D&R Framing Contractors, LLC; Daniel Olberding Painting, LLC; Denver Cedar Roofing, Inc.; Eaker Framing, Inc.; Environmental Materials, LLC; Hill…

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Court Denies Motion to Continue Trial – Berry

July 2015 Lindsay Berry v. 1836 Blake Street, LLC, et al., Civil Action 2014CV34220, Denver District Court. Karen Wheeler convinced the court to deny a motion to continue trial that was otherwise stipulated by the other parties.

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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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