Category: 2016 Success

Dismissal of Claims – Burkitt

December 2016 Burkitt v. Fetzer and Roase, Civil Action 16CV73, Douglas County District Court. Plaintiff filed civil claims and amended claims including fraud, false representations, conversion of funds, civil theft and civil conspiracy as a result of financial actions that led to a six year incarceration sentence for Mr. Fetzer in separate criminal case 12CR526. Karen Wheeler and Jami Maul filed a motion to dismiss the claims against Mr. Fetzer’s…

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Dismissal – Morgan’s Run

September 2016 Morgan’s Run, Inc. And C&D Management, Inc. v. Alpha Roofing, LLC, A Smith Construction, Inc.; Alliance Roofing, Inc.; Braun & Yoshida Architects P.C.; BMC West Corporation; Brown Brothers Contracting, Inc.; Bryan Miller Company; Colorado Custom Painting, Inc.; Solstice Holdings, Inc., d/b/a Colorado Seamless Gutter & Sheet metal, Inc.; Colorado Geoscience and Design Inc.; Colorado Pipe & Concrete; DHM Design Corporation; Eagle Concrete Corporation; Excel Custom Dry Wall, Inc.;…

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Federal Appellate Win – Sable Cove

September 2016 Sable Cove Condominium Association and Edge Construction, LLC v. Owners Insurance Company, Case No. 15-1261 (D.C. No. 1:14-CV-00912-MJW – D. Colo.), 10th Circuit Court of Appeals. Sable Cove alleged that a storm damaged roofs at the condominium complex. Owners insurance refused to pay the general contractor’s overhead and profit, arguing that a general contractor was unnecessary because the repairs involved only a single construction trade (roofing) and were…

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Summary Judgment – Center of Colorado Water Conservancy District

August 2016 Center of Colorado Water Conservancy District v. Hudick Excavating, Inc., Colorado Lining International, Inc., and Westfield Insurance Company, Civil Action 16CV30002, Park County District Court. Mr. Waters represent general contractor Hudick in litigation filed by the Center of Colorado Water Conservancy District. The court agreed that the Water District’s implied warranty claim is not supported by Colorado law. As a result, the court entered summary judgment dismissing the…

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Summary Judgment – Ortega

July 2016 Ortega v. Callwood, et al., Civil Action 15CV77, Adams District Court. Karen Wheeler obtained summary judgment regarding plaintiff’s claim for negligent entrustment. The Court found that defendant CDL Driver Services, LLC did not exercise sufficient control over the truck involved in the collision to support plaintiff’s negligent entrustment claim. As a result, the Court dismissed that claim.

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Petition for Certiorari Review Denied – Hofmann

April 2016 Hofmann v. Estate of Donald Chandler, 14CA1742 Colorado Supreme Court (2016). 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 her…

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Denial of Motion for Relief from Order of Dismissal – Expert Flooring Solutions LLC v. Auto Owners Insurance Company

March 2016 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. Months later, the plaintiff filed a Motion for Relief from Order of Dismissal. The court found a failure to establish…

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Mandate Issued in Defendant’s Favor

January 2016 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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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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