Category: 2014 Success

Plaintiff’s Summary Judgment Motion Denied

December 2014 Rickard et al. v. McKee, Civil Action 2014CV30703, Arapahoe District Court. Mr. Waters defended an individual in a civil matter who was previously convicted of causing the death of one individual and injury to others while intoxicated. During the civil action, the plaintiffs sought a summary judgment ruling that the automobile accident constituted a felonious killing such that they were automatically entitle to enhanced damages. Mr. Waters convinced…

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$53K Cost Award to the Defense – Garcia

December 2014 Garcia v. Vande Vusse, Civil Action 13CV32377, Adams District Court. Plaintiff was involved in an automobile accident and sought approximately $1 million dollars in damages. However, at trial the jury agreed with Marc Levy, finding that Mr. Vande Vusse did not cause any injury to Plaintiff. As a result of that defense verdict, Mr. Levy and Mr. Shively sought an award of costs against the plaintiff and in…

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Bifurcation Win

December 2014 Bradburn Townhomes Association, Inc. v. Beazer Homes Holdings Corp. and Lisa Perman v. A.G. Wassenaar, Inc.; Professional Service Industries, Inc.; Carroll & Lange, Inc.; Civitas, Inc.; Vigil Land Consultants; AAA Waterproofing, Inc.; Builder Services Group, Inc. dba Allied Insulation; Alpine Lumber Company dba Alpine Truss Co.; B&J Surveying, Inc.; Campbell Beard Roofing, Inc.; Century Foundation & Caisson Drilling, Inc.; Clark Bros. Excavating, Inc.; Custom Fence & Supply, Inc.;…

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$64K Cost Award to the Defense – Kaufman v. Lopez

October 2014 Kaufman v. Haile, Schryver Medical Clinical Laboratories, Inc. and Annette Lopez, Civil Action 11CV1480, Lairmer District Court.Plaintiff was involved in an automobile accident and sought more than $7 Million dollars in damages. However, after nearly two weeks in trial, the jury agreed with Marc Levy and Andrew Shively, finding that Ms. Lopez was not liable and did not cause injury to Plaintiffs. As a result of that defense…

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Jury Trial Defense Verdict – Garcia v. Vande Vusse

September 2014 Garcia v. Vande Vusse, Civil Action 2013CV032377, Adams District Court. Margie Garcia sought approximately $1 million, alleging she was injured as a passenger in a van stopped behind two other stopped vehicles at a red light. She alleged that her injury occurred because Douglas Vande Vusse failed to stop a Dodge Ram pickup in time and thereafter rear ended the stopped van. The Court determined that Mr. Vande…

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Trial Win – Johnson v. McEvitt

May 2014 Johnson v. McEvitt, Civil Action 2012CV2180, Denver District Court. The firm obtained a defense verdict at trial in an automobile accident case. Plaintiff, a taxi cab driver, alleged he was driving down a one-way street and that the defendant was driving a vehicle behind the taxi. Plaintiff alleged that he was forced to brake for a wrong way driver. The defendant’s vehicle then rear ended plaintiff’s vehicle. Plaintiff…

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Jury Trial Defense Verdict (Nearly $7M Sought) – Kaufman v. Lopez

May 2014 Diane Kaufman and Richard Kaufman v. Annette Lopez, Civil Action 11CV1480, Larimer District Court. Plaintiff Diane Kaufman was involved in a multi-car rear-end accident. The Plaintiffs sought nearly $7 Million in damages. Plaintiffs alleged Mrs. Kaufman was completely stopped in a line of traffic when the car immediately behind her crashed into the rear of her vehicle. The Plaintiffs alleged that Ms. Lopez’ vehicle, which was the second…

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Supreme Court Denies Certiorari Review – Frandson

April 2014 Frandson v. Cohen, 2013SC710 (Colo. 2014). Marc Levy successfully opposed a petition asking the Colorado Supreme Court to review a Court of Appeals opinion affirming the trial court judgment entered in favor of his client. On April 28, 2014, the Colorado Supreme Court denied certiorari review. On May 12, 2014, the Court of Appeals issued a mandate affirming the trial court’s judgment. The Court of Appeals also awarded…

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Appellate Win – Smith v. State Farm

February 2014 Smith v. State Farm Mutual Automobile Insurance Company, 12CA2209 (Colo. App. 2014). Mr. Smith sought appeal of a court order granting summary judgment in favor of State Farm. However, the Court of Appeals agreed with State Farm and upheld the trial court decision. After being dragged from a rental car by police at Denver International Airport, Mr. Smith sought payment of claims for wage losses and medical payments…

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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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