Category: 2013 Success

Summary Judgment – Donato

November 2013 Donato v. Anderson, 2012CV61, Clear Creek District Court. Karen Wheeler and Jami Maul won summary judgment for the property owners in this slip and fall premises liability case. Plaintiff, the manager of Mia’s Italian Bistro, alleged injury when he slipped and fell on ice that accumulated on the back step of the restaurant. According to the restaurant lease, the tenant was responsible for maintaining the premises, including the…

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FCA – Dismissal (Statute of Limitation)

November 2013 Olsson Associates, Inc., Plaintiff v. LTF Real Estate Company, Inc. and FCA Construction Company, LLC, Defendants; and FCA Construction Company, LLC, Third-Party Plaintiff v. Hudick Excavating, Inc., 12CV1469, Arapahoe District Court (Bifurcated). The Court previously dismissed FCA’s indemnity claim. The Court now agrees with Brian Waters that FCA’s breach of contract claim is barred by the applicable statute of limitation. Hudick was involved in the installation of a…

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Dwyer – Dismissal of Claim

November 2013 Dwyer v. Mark and Carole Burns, LLC; Castlegate Garage Door Services, Inc.; Enright Asphalt, LLC; and Enright Companies, LLC, 13CV33450, Denver District Court. In this personal injury action, Brian Waters convinced the Court to order plaintiff to provide a more definite statement of his sixth claim for relief. Thereafter, plaintiff agreed to dismiss his sixth claim – violation of the Colorado Consumer Protection Act.

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Torres v. Western Proscapes – Summary Judgment

June 2013 Roxanne Torres v. Central Parking System, Inc.; DPC Development Company; Galapago Condominium Owners Association, Inc.; and Western Proscapes, Inc., Civil Action 12CV759, Denver District Court. This matter involved a premises liability claim asserted beyond the applicable statute of limitations. The Court agreed and dismissed the action.

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Daniels v. McAdams – Summary Judgment

May 2013 Janet Daniels, Plaintiff v. A.D. Builders, LLC, Michael Prete, Debbie Prete, John M. Volpe Construction, John M. Volpe, McAdams Construction, LLC, Kevin McAdams, Daystar, Inc., Excell Roofing Inc., Benine, Inc., Ryan Benine, Al’s Concrete, Briscoe Construction, And 3-D Electrical, Inc., Civil Action 12CV2757, Denver District Court. Karen Wheeler represented Kevin McAdams and McAdams Construction. In a construction related matter. Ms. Wheeler obtained summary judgment as to plaintiff’s claims…

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Davis v. United Food – Partial Summary Judgment

February 2013 Terena Davis v. United Food and Commercial Workers Union Local 7 and Stephen Pardee, Civil Action 12CV170, Larimer District Court. Plaintiff filed an action following an automobile accident. Karen Wheeler persuaded the Court to dismiss plaintiff’s claims claims for negligent training, hiring, and supervision and imputed liability as duplicative because Defendant admitted respondeat superior liability. The Court also dismissed plaintiff’s negligence per se claim as duplicative of her…

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American Family v. Mesa Hardwoods – Dismissal

January 2013 American Family Insurance v. Mesa Hardwoods, Civil Action 12C7703, Mesa County Court. Karen Wheeler obtained the dismissal of American Family’s claims against Mesa Hardwoods.

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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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