Category: 2016 Success

2016 Success

Summary Judgment – Gonzales v. Postel

November 2016 Gonzales v. Postel, Civil Action 16CV30120, Denver District Court. Plaintiff filed suit against Defendant for alleged injuries resulting from a motor vehicle accident. Plaintiff claimed that she was injured when she was rear-ended by someone driving Defendant’s vehicle. Defendant was attempting to sell his vehicle and had allowed an individual to take the vehicle on a test drive, during which the accident happened. Defendant did not ride in…

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Court Denies Plaintiff’s Motion for Judgment Notwithstanding the Verdict – Nunez-Hurtado v. Rupe

October 2016 Nunez-Hurtado v. Rupe, Civil Action 15CV31629, Arapahoe District Court. After a two and a half day jury trial the jury returned a verdict in favor of Defendant, finding that Defendant was not negligent in this rear-end motor vehicle accident. Plaintiff moved the Court to override the jury’s verdict and enter judgment in favor of Plaintiff on the issue of liability and order a new trial solely on the…

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Attorney Fee Award – Morehead

September 2016 Morehead v. Fisher, Civil Action 2015CV32411, Arapahoe District Court. The Court agreed with Marc Levy and Andrew Shively, awarding attorney fees as a sanction.

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Federal Appellate Win

September 2016 Sable Cove Condominium Association and Edge Construction, LLC v. Owners Insurance Company, Case No. 15-1261 (D.C. No. 1:14-CV-00912-MJW – D. Colo.), 10th Circuit Court of Appeals. Sable Cove alleged that a storm damaged roofs at the condominium complex. Owners insurance refused to pay the general contractor’s overhead and profit, arguing that a general contractor was unnecessary because the repairs involved only a single construction trade (roofing) and were…

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Defense Verdict at Trial – Nunez-Hurtado

July 2016 Nunez-Hurtado v. Rupe, Civil Action 15CV31629, Arapahoe District Court. This case involved a three vehicle rear-end automobile accident. Marc Levy and Ryan Nichols represented the driver of the rear vehicle. In Colorado, there is a presumption of negligence in a rear-end accident against the driver of the vehicle in the rear. As a result, the client was presumed negligent. At trial, the plaintiff sought approximately $96,000 in damages….

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Summary Judgment Win – The Pushchak Law Firm, LLC

May 2016 The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court. Marc Levy and Matt Hall represent the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy and Mr. Hall also represent the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as…

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Summary Judgment Denied as to Counterclaim – The Pushchak Law Firm, LLC

May 2016 The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court. Marc Levy and Matt Hall represent the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy and Mr. Hall also represent the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as…

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Denial of Motion to Dismiss Counterclaim – The Pushchak Law Firm, LLC

May 2016 The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court. Marc Levy and Matt Hall represent the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy and Mr. Hall also represent the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as…

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Attorney Fee Award – Messner & Reeves v. Imeson

May 2016 Messner & Reeves, LLP v. Patrick Imeson; 4636 Investors, LLC; Elkhorn Goldfields, Inc.; and Black Diamond Financial Group, LLC, Civil Action 2014CV33588, Denver District Court.  Marc Levy and Matthew Hall represented the Messner & Reeves, LLP law firm in an action to recover attorney fees from former clients of Messner & Reeves.  The former clients were satisfied with the representation, but failed to pay Messner & Reeves.  Mr….

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Mandate Issued in Defendant’s Favor

January 2016 David Dwyer, Plaintiff v. Enright Companies, LLC, Defendant-Appellee; and Mark & Carole Burns, LLC and Castlegate Garage Door Services, Inc., Defendants-Appellants, 14CA1744 (Colo.App. 2015). This matter involved allegations of a construction defect leading to personal injury. After Brian Waters won at the trial court and won a subsequent appeal, the opposing parties filed a Petition for Rehearing with the Colorado Court of Appeals. They sought reconsideration of one…

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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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