Category: 2009

Case Dismissed – Whispering Pines

Whispering Pines Townhomes Association, Inc., A Colorado Non-Profit Corporation, Plaintiff, v. Whispering Pines Company, Inc. F/K/A Whispering Pines Development Company, LLC, A Colorado Corporation; Whispering Pines Property Management, LLC, A Colorado Limited Liability Company; Patrick Alley A/K/A Pat Alley, An Individual; Marge Alley A/K/A Margaret Alley, An Individual; Clinton Alley A/K/A Clint Alley, An Individual; Heather Alley A/K/A Heather Harris, An Individual; Reynolds Knight Anderson, P.C. F/K/ Reynolds Eccher &…

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Halvorson v. Steamboat Lake Water and Sanitation District, and Bosco Constructors, Inc.

Halvorson v. Steamboat Lake Water and Sanitation District, and Bosco Constructors, Inc., Routt County District Court, Civil Action 2008CV157. Brian Waters represented a construction company that built a wastewater lift station. Claims against the client included trespass and negligent construction. After filing a motion for declaratory judgment as to the proper measure of alleged damages and informing opposing counsel as to the basis for an anticipated summary judgment motion, Mr….

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Supreme Court Ruling in Favor of Union Pacific Railroad

June 2009 Union Pacific R. Co. v. Martin, 209 P.3d 185 (Colo. 2009). Brian Waters represented the Colorado Defense Lawyers Association in a landmark case before the Colorado Supreme Court involving landowner rights. The appellate matter involved complex issues of statutory construction, including the effect of a post verdict legislative amendment. The Colorado Supreme Court’s opinion throws out a trial verdict in excess of $11 million against Union Pacific Railroad…

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Appellate Win – Fire Ins. Exchange v. Sullivan

May 2009 Fire Ins. Exchange v. Sullivan, 224 P.3d 348 (Colo.App. 2009). Marc Levy won an appeal. Mr. Levy represented a homeowner’s insurer who obtained a declaratory judgment in the trial court that it owed no duty to defend or indemnify an insured against an invasion of privacy claim stemming from an alleged date rape. The insured filed counter-claims for breach of contract and bad faith breach of insurance contract….

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Kampmann v. Farmers Insurance Exchange – Order Upholding Sanctions

April 2009 Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy obtained an order upholding a prior sanctions order against an attorney for extensive improper conduct. The Court upheld the prior order for the plaintiffs’ attorney to pay the defendant over $75,000. Also upheld was the prior order for the plaintiffs’ attorney to pay $10,000 to the Colorado Legal Aid Foundation and $20,000 to the Boulder…

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Appellate Win – Negligence Per Se

April 2009 Marc Levy won an appeal. At trial, the personal injury plaintiff sought to have the court instruct the jury on negligence per se. The court refused to do so and an appeal followed. The Court of Appeals upheld the trial court, finding that the appellant was not a member of the protected class and that strict liability offenses must result from either voluntary actions or a person’s omission…

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Appellate Win – Cost Bond

April 2009 Rodriguez-Serrano v. Olsen and Terrill, 08CA0637 (Colo.App. 2009). Karen Wheeler won an appeal regarding the trial court’s dismissal of a case for failure to file a cost bond.

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Directed Verdict – January 2009

January 2009 Marc Levy won a directed verdict at trial.

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Trial Win – Bad Faith Defense

March 2009 Marc Levy won at trial on behalf of their insurance company client. Claims involved breach of contract and bad faith. The jury awarded no damages against the insurance company.

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Recent Success

  • Jury Trial Win – Jenkins

    Plaintiffs sought more than $785,000 at trial, plus interest and attorney fees. Marc Levy and Jami Maul won a complete defense verdict at trial.

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  • Defense Verdict at Trial – Sellars

    Heather Hackett won at trial. Plaintiff alleged negligence, negligence per se and sought various types of damages. However, the jury disagreed with plaintiff and returned a defense verdict. Following trial, the jury commended Ms. Hackett on her excellent trial skills.

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  • Summary Judgment – Bulinski

    June 2017 Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado.  Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about…

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