Category: 2011

Adugna v. Ethiopiam Orthodox Tewahedo St. Mary’s Church – Dismissal

November 2011 Adugna v. Ethiopian Orthodox Tewahedo St. Mary’s Church, Inc., Civil Action 2011CV1050, Arapahoe District Court. Approximately a dozen church members or former church members sought the appointment of a receiver to govern the church, alleging that the board had improperly used church funds in connection with building a new church building, failed to comply with multiple bylaws and illegally terminated the priest. Karen Wheeler filed a motion to…

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O’Donell v. Gray – Summary Judgment

November 2011 O’Donell v. Gray, Civil Action 10CV1131, Boulder District Court. Karen Wheeler won summary judgment in a case involving an auto vs. bicycle accident. The Plaintiff was riding her bicycle on the right-hand shoulder of a road. The bicyclist passed the defendant and was then involved in an accident as the bicyclist attempted a left hand turn. The plaintiff claimed a serious back injury resulting in the need for…

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Ethiopian Orthodox Church v. Lulu – Claims Dismissed

November 2011 Ethiopian Orthodox Church v. Lulu, 10CV205135, Arapahoe District Court. A Church board sought to terminate and evict the church priest, Reverend Lulu. In response, Reverend Lulu brought counterclaims for unlawful termination and unpaid wages, among others. Karen Wheeler represented the Ethiopian Orthodox Church in defense of the counterclaims. The firm filed a motion for partial summary judgment with respect to Reverend Lulu’s wrongful termination claim, arguing that Reverend…

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Sandoval v. Ace Hi Tavern – Dismissal

September 2011 Sandoval v. Ace Hi Tavern, Civil Action 11CV5151, Denver District Court. Karen Wheeler won a motion to dismiss. The Plaintiff alleged she was beaten to the point of losing consciousness. The Plaintiff and her friends were initially inside the Ace Hi Tavern, where plaintiff met Christopher Vanderstokker, who is alleged to have later assault plaintiff. Plaintiff was allegedly subjected to racial taunts and slurs from Mr. Vanderstokker while…

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Perez v. Ellis – Court Limits Expert Opinions

July 2011 Karen Wheeler obtained an order limiting expert testimony at trial. The Plaintiff disclosed experts late and generally provided topics for discussion rather than opinions with the required basis for such opinions. The Court ordered that plaintiff’s experts are limited at trial to opinions expressly found in their medical records.

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HOA Summary Judgment – Block v. Windsong

June 2011 Fred Block and Carolyn Block v. Tom Shrader and Allison Shrader v. Windsong Ranch Homeowners Association, Inc., and Windsong Ranch Homeowners Association, Inc. Architectural Control Committee, Civil Action 2010C9608, Weld County Court. Karen Wheeler won summary judgment in a second case after winning a prior appeal. In the first case, several individual home owners challenged a decision made by the architectural control committee with respect to roof material…

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Plaintiff Agrees to Dismiss Case – Rennick

June 2011 Gina Rennick v. Seven Springs Homeowners Association, Inc., and Myre, LLC, Civil Action 10CV8969, Denver District Court. Karen Wheeler won dismissal of a premises liability case. Plaintiff, a tenant in a condominium unit owned by the firm’s client, brought a premises liability action against both the firm’s client and the condominium homeowner’s association. Plaintiff alleged she was severely injured when she slipped and fell on a patch of…

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Bad Faith Case Dismissed – Cook v. Auto Owners

June 2011 Jon C. Cook and The Lumberyards Development, L.L.C. v. Auto-Owners Insurance Company, Civil Action 11CV892, Denver District Court. Karen Wheeler won an order dismissing a bad faith case against Auto-Owners Insurance Company. The case involved a building fire loss. Plaintiffs, the building owners, failed to insure their building and then sought insurance coverage under their tenant’s policy after the fire. The plaintiffs alleged that they were covered under…

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Bad Faith Claim Dismissed – Dumpert v. State Farm

June 2011 Ralph And Deborah Dumpert v. State Farm Fire And Casualty Company, Defendant, Civil Action No. 10-cv-02320-RPM (U.S. District Court for the District of Colorado). Marc Levy and Heather Hackett won an order from the U.S. District Court dismissing plaintiffs’ bad faith claim and an additional claim alleging unreasonable denial of an insurance claim. Plaintiffs’ son died in an automobile accident. Plaintiffs thereafter settled with the at fault driver’s…

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Rule 11 Violation – Frivolous and Groundless Lawsuit – Attorney Fee Sanction Against Attorney Marc Bendinelli

June 2011 Windhorst v. Mark Stone, Nick Trombetta and State Farm Mutual Automobile Insurance Company, Civil Action 09CV1216, Adams District Court. Marc Levy and Heather Hackett obtained a sanctions order against plaintiff’s counsel. The Court previously entered summary judgment, dismissing plaintiff’s case against State Farm. Thereafter, the Court held a hearing and entered a detailed order about plaintiff’s counsel’s conduct. The Court found that “plaintiff did not have valid claims…

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