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, Inc. (Castlegate). Enright built the ramp.

After Mr. Dwyer’s injury, he sued both the Castlegate defendants and Enright. Castlegate then sued Enright by filing cross-claims. In response to Castlegate’s cross-claims, Mr. Waters filed a motion to dismiss all cross-claims. After briefing, the trial court agreed and granted the motion to dismiss. Later, Mr. Waters obtained summary judgment with respect to Mr. Dwyer’s personal injury claims. Once all claims against against Enright were dismissed, Castlegate continued to defend claims against it and ultimately entered into a settlement with Mr. Dwyer. Thereafter, Castlegate appealed the dismissal of its cross-claims against Enright in an effort to have Enright reimburse Castlegate for the settlement. Following oral argument, the Court of Appeals rejected Castlegate’s position and found that the trial court properly dismissed the matter.

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