Category: 2013 Success

Summary Judgment

November 2013 Donato v. Anderson, 2012CV61, Clear Creek District Court. Karen Wheeler and Jami Maul won summary judgment for the property owners in this slip and fall premises liability case. Plaintiff, the manager of Mia’s Italian Bistro, alleged injury when he slipped and fell on ice that accumulated on the back step of the restaurant. According to the restaurant lease, the tenant was responsible for maintaining the premises, including the…

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Frandson v. Cohen-Appellate Win

July 2013 Frandson v. Cohen, 12CA 1563 (Colo.App. 2013). Marc Levy was retained to handle an appeal filed against his client, who prevailed at trial. The underlying case arose from a rear-end automobile collision involving the firm’s client and the plaintiff. The trial court denied the plaintiff’s directed verdict motion on liability and instructed the jury on the “sudden emergency” doctrine. The jury found that the plaintiff had sustained injuries,…

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Summary Judgment

May 2013 Janet Daniels, Plaintiff v. A.D. Builders, LLC, Michael Prete, Debbie Prete, John M. Volpe Construction, John M. Volpe, McAdams Construction, LLC, Kevin McAdams, Daystar, Inc., Excell Roofing Inc., Benine, Inc., Ryan Benine, Al’s Concrete, Briscoe Construction, And 3-D Electrical, Inc., Civil Action 12CV2757, Denver District Court. Karen Wheeler represented Kevin McAdams and McAdams Construction. In a construction related matter. Ms. Wheeler obtained summary judgment as to plaintiff’s claims…

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Meeks v. State Farm – Order Prohibiting Video Depositions

March 2013 Meeks v. State Farm, Civil Action 12CV527, El Paso District Court. Marc Levy, Heather Hackett and Jeff Boxer obtained an order prohibiting the plaintiff from obtaining certain documents. The order also prohibitied plaintiff from using video depositions because plaintiff’s subpoena failed to comply with Colorado law.

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Mach v. State Farm – Order Limiting Expert Opinions

February 2013 Mach v. State Farm Mutual Automobile Insurance Company, Civil Action 11CV4922, Denver District Court Marc Levy won an order a) allowing the use of the term “independent” medical exam and b) prohibiting plaintiff from introducing undisclosed retained opinions from Dr. Christopher Centeno. The court determined that the plaintiff desired to offer opinions not only as to Dr. Centeno’s treatment, but also his opinions as to the treatment of…

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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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