Category: 2010 Success

Court Orders Stay – Old Farm Townhomes

September 2010 Old Farm Townhomes Homeowners Association, Inc., A Colorado Non-Profit Corporation, On Its Own Behalf And On Behalf Of Its Members, Plaintiff Vs. 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…

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Dismissal – Oil and Gas Company

October 2010 William Hastings v. Pioneer Natural Resources USA, Inc., Las Animas District Court, Civil Action 2010CV16. Brian Waters defended an international oil and gas company against personal injury claims seeking $1.29 Million in economic damages alone. The plaintiff claimed injury when his contracted services brought him on the landowner’s property during snowstorm trucking operations. Rather than respond to a summary judgment motion Mr. Waters filed, plaintiff agreed to dismiss…

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Appellate Win – Court of Appeals Affirms Farmers’ Judgment

October 2010 Farmers Insurance Exchange, a reciprocal insurance exchange organized and existing pursuant to the laws of California, Plaintiff-Appellee, v. Jeffery Anderson, a Colorado individual, as natural maternal grandfather and co-conservator of Cole Naeve, a Colorado individual; Tamara Anderson, a Colorado individual, as natural aunt and co-conservator of Cole Naeve, a Colorado individual; and Brittah Klug, a Colorado individual, Defendants-Appellants. , Colorado Court of Appeals, 260 P.3d 68 (Colo.App. 2010)….

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Win – Neon Factory Case

September 2010 Reddy Realty and Dean Prodromides v. Paul Cruz D/B/A Neon Factory, Mesa District Court, Civil Action 10CV8. Karen Wheeler obtained another significant win. Ms. Wheeler represented the plaintiff solely in defense of counterclaims. After continued failures by opposing counsel to provide required information, Ms. Wheeler filed a motion to dismiss for failure to prosecute. The Court agreed and dismissed the deficiently prosecuted counterclaim.

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Summary Judgment in Premises Liability Case – Gannon

June 2010 Brian Gannon v. Evert Klingbell, Adams District Court, Civil Action 09CV1484. Karen Wheeler won summary judgment in a premises liability case. The plaintiff argued that a landowner was liable when he slipped and fell while walking down some stairs. The plaintiff further argued that the stairs were built in violation of code and unsafe. The court held that the plaintiff was a licensee. Additionally, the court determined that…

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Utley Construction, Inc.

May 2010 Norman Utley Construction, Inc. v. Progressive Casualty Insurance Company, Denver District Court, Civil Action 2009CV9741. An insurance company hired Brian Waters to defend a construction company in a prior lawsuit. Thereafter, Brian Waters represented that construction company in a lawsuit against Progressive (a separate insurance company) for bad faith and other damages after Progressive refused to join the defense to defend and indemnify the construction company in the…

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Vicarious Liability Dismissed – Travelers v. Modsystem

February 2010 The Travelers Property Casualty Company Of America v. Highlander Plumbing & Heating, LLC, and Modsystem Structures, Inc., Pitkin County District Court, Civil Action 2009CV290. Brian Waters obtained an order dismissing the vicarious liability claim in a construction related matter. Mr. Waters represented the general contractor of a multi-unit construction project in Aspen, Colorado. The plaintiff alleged that one of the subcontractors negligently caused a fire that destroyed the…

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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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