Category: 2010

Summary Judgment – Truck v. Sparks

December 2010 The firm won summary judgment on behalf of Truck Insurance Exchange in a case involving claims for breach of contract, promissory estoppel, and statutory violation. The Sparks drove a work vehicle to downtown Denver and parked the vehicle. The Sparks were thereafter injured while crossing the street when an underinsured driver struck them. After settling their claims against the vehicle driver, the Sparks made a claim under the…

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Dismissal

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

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). The Court…

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Maloney v. Brassfield Appeal

September 2010 Maloney v. Brassfield, 09CA0223 (Colo.App. 2010). Marc Levy won an appeal in a matter involving time constraints. The case involved the court keeping time of each side’s presentation. The plaintiff’s attorney both before and during trial sought additional time to present his case. The Court rejected plaintiff’s argument that the side with the burden of proof should have more allocated time. The court further found no abuse of…

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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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Court Order Stay – Old Farm Townhomes

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 Improvement, Inc;…

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State Farm v. Fisher Appeal

August 2010 State Farm Mutual Automobile Insurance Company v. Fisher, — F.3d —-, 2010 WL 3312841 (10th Cir.). Another corporate win for Marc Levy. Mr. Levy represented State Farm Mutual Automobile Insurance Company in an important case before the United States Court of Appeals, Tenth Circuit. A high school student sought a ride from friends because she was concerned with the conduct of her ex-boyfriend. The ex-boyfriend followed and rammed…

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Jemberu v. Farmers Insurance Exchange

June 2010 Jemberu v. Berhane Gerbere; Jambo Auto Sales, LLP; Fitsum Gebere, Berhane Harladis; and Farmers Insurance Exchange, Adams District Court, Civil Action 10CV444. David Clarke, obtained another significant win for the firm’s insurance company client, when the court issued an order dismissing plaintiff’s case against the insurer. The plaintiff sought to revive the improperly filed case by amending the complaint. However, the court denied plaintiff’s request to amend, holding…

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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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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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