Category: 2015 Success

Summary Judgment – Edgar v. Quest4Events, Inc.

June 2015 Vicki Edgar v. The Wildlife Experience, Inc. and Quest4Events, Inc., Civil Action 14CV30606, Douglas District Court. Plaintiff alleged injury after falling down some stairs at the Wildlife Experience facility during an event hosted by Quest4Events, Inc. Plaintiff alleged that Quest4Events, Inc. is a landowner under Colorado law and is responsible for her injuries. However, the court agreed with Karen Wheeler that to the extent a dangerous condition existed…

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Summary Judgment – Edge Construction, LLC v. Owners Ins. Co.

June 2015 Edge Construction, LLC v. Owners Insurance Company, Civil Action 14-cv-00912-MJW, U.S. District Court, District of Colorado. Sable Cove Condominium Association made a claim for insurance benefits after sustaining hail and wind storm property damage. As a result of that claim, Owners Insurance paid certain benefits. However, a dispute arose over certain profit and overhead charges charged by Sable Cove’s contractor, Edge. Owners sought a copy of the Edge’s…

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Award of Attorney Fees – Bravo v. Galen

June 2015 Mauricio Bravo v. Galen Ct. Apts.; Galen Properties LLC, Civil Action 2014CV31866, Adams District Court. This case involved dismissal of a case as a result of a failure to prosecute by the plaintiff’s attorney. After dismissal, the plaintiff filed a motion to reinstate the case. The Court ultimately granted the motion to reinstate, but determined that it would sanction plaintiff’s counsel by awarding attorney fees. Thereafter, the court…

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Claim Dismissed – Partial Motion to Dismiss Granted – Lawrence v. Empire Portables

June 2015 Leslie Lawrence v. Empire Portables, Inc.; Empire Plumbing, Inc.; and Shannon Campbell, Civil Action 15CV30532, Jefferson District Court. This case involves an automobile accident in which the plaintiff filed a number of claims against the defendants. The Court agreed with Karen Wheeler that plaintiff’s negligence per se claim is duplicative. As a result, the Court granted the defendants’ partial motion to dismissal.

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Metcalf v. Gray – Court Orders Plaintiff to Post $5K Cost Bond

April 2015 Daniel Metcalf v. Dutch Ridge Homeowners Association and Lori Gray, Civil Action 14CV31563, Jefferson District Court. The Court agreed with Karen Wheeler that plaintiff is not a resident of Colorado and failed to show he is indigent. As a result, the Court ordered plaintiff to post a $5,000 cost bond.

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Court Denies Tenant’s Motion for Relief from Judgment – Ventrello v. Mercer

March 2015 Ventrello, et al. v. Mercer, Civil Action 2014C30310, Delta District Court. Karen Wheeler represented landlord clients who filed an FED action against a tenant. The matter ultimately resolved by agreement. The tenant thereafter sought to escape the terms of the agreement. However, the Court denied the tenant’s Motion for Relief from Judgment.

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Directed Verdict – Damian v. West Brothers, Inc.

January 2015 Damian v. Beyer d/b/a Fantasy Farm, Simental and West Brothers, Inc., Civil Action 13CV031482, Jefferson District Court. Plaintiff entered property leased by West Brothers, Inc. to ride a horse and claimed injury from another horse that was on the property. As a result, she filed a Colorado Premises Liability Act lawsuit against West Brothers, Inc. and others. Plaintiff ultimately sought a minimum of $600,000 at trial. Following plaintiff’s…

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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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