Posted on January 18, 2012
Congratulations to Partner Gregg Rich who was selected to serve as this year’s Chairperson of the Colorado Defense Lawyer’s Association Construction Law Committee. The committee is hosting a CLE seminar on February 17, 2012, presented by Rimkus Consulting, discussing construction in cold-weather climates to address the unique issues presented by building in mountain locales and the increase in litigation arising from such construction projects. Attorneys and insurance adjusters are encouraged to attend. Please see the following link for more information about the seminar:
http://video214.com/play/jYBBJU8L0Ro4j4Khe0iRpQ/s/dark.
Posted on December 24, 2011
View the most recent Lambdin & Chaney Claims Gazette, Dec 1, 2011
Posted on June 9, 2011
Attorneys L. Kathleen Chaney and Amber Ju obtained a favorable verdict in Home Design Services v. Trumble, following a jury trial in United States District Court, District of Colorado, May 16-19, 2011. The Plaintiff, Home Design Services (“HDS”) asserted claims based upon the alleged infringement of copyrighted architectural plans. Plaintiff pursued numerous similar lawsuits in many other jurisdictions across the country against other defendants alleging similar copyright infringement claims. In this case against Defendants Terry and Janelle Trumble, Plaintiff alleged that the Trumbles’ personal residence, located on the Western Slope of Colorado, infringed on an HDS copyrighted plan. Plaintiff sought damages for the price of the plan and all the equity or profits in the Trumble home totaling between $96,000 and $174,000. The jury found for Plaintiff on liability, but limited the award of damages to the cost of the plan,which was $935.
Posted on June 9, 2011
Attorney Jane Bendle Lucero obtained a defense verdict in Cruthers v. Joshua Hill, et al. following a jury trial in Douglas County District Court. The case was a wrongful death action arising out of a single car accident. The driver of the vehicle was drunk, high on marijuana and traveling at 110 M.P.H. in a 50 m.p.h. zone when he drove the vehicle into a ditch causing it to spin and roll. The vehicle was owned by Joshua Hill who lent it to the driver while Mr. Hill was on vacation. The two adult passengers were killed in the accident, resulting in a wrongful death action brought by the eight-year old son of one of the deceased passengers. The plaintiff asserted a claim of negligent entrustment against Mr. Hill. Mr. Hill admitted knowing the co-defendant was a frequent marijuana smoker who would occasionally mix driving with drinking and smoking marijuana. Mr. Hill denied, however, that he should have known that the co-defendant would have used his car in a manner that would endanger others. Both Mr. Hill and the defendant driver argued that the deceased passenger assumed the risk of injury/death by riding with an intoxicated driver. The jury found Mr. Hill negligent but found that his negligence was not a cause of the plaintiff’s claimed injuries. The jury awarded $350,000 to the plaintiff, with a finding of 85% negligence to the co-defendant driver and 15% negligence to the deceased passenger. The 15% negligence of the deceased passenger was chargeable to the plaintiff, which reduced the plaintiff’s award by that percentage.
Posted on April 18, 2011
In Lucero v. Griego, pending in Adams County District Court, Judge Edward Moss found that the relation back doctrine was inapplicable and that the Plaintiff’s claims against our client and co-owner of a vehicle involved in an accident were time-barred.
Posted on April 18, 2011
Attorneys L. Kathleen Chaney and Martha Ferris obtained a defense verdict in Bonnell v. Greenwood, following a jury trial in Adams County District Court. The parties were involved in a single car accident during a night of excessive drinking. The passenger-plaintiff was ejected from the car and suffered severe injuries. The car was owned by the passenger-plaintiff who started out driving that night and drove the car to multiple bars before the defendant took over driving. The jury found the plaintiff 65% at fault.
Attorneys L. Kathleen Chaney and Jerad West obtained a defense verdict in Carillo v. Kasak during a jury trial in Douglas County District Court, which involved a car-pedestrian accident. After a collision with a concrete median on I-25, the two women occupying the car got out and were standing in the middle of the highway. The lights on the disabled vehicle were broken. The defendant did not see the disabled car or the pedestrians on the highway until it was too late to avoid them. When the defendant swerved, his car struck one of the women killing her. The jury found that the defendant was not negligent and was not a cause of the accident.
Posted on July 5, 2010
Attorneys Suzanne Lambdin and Stephanie Montague obtained summary judgment in favor of Fire Insurance Exchange. The court determined as a matter of law that the damage caused by a methamphetamine lab was not covered under the vandalism peril in the insured’s renters policy. Additionally, the court determined that the Pollution Exclusion in the renters policy precluded coverage for the claimed damages caused by methamphetamine.
Posted on March 12, 2010
Accidents happen and sometimes those accidents result in lawsuits. When a person or business is sued and an insurance policy exists for the accident or claim, the insurance carrier will hire a lawyer to defend the insured. It should be a relief to most people to learn that a lawyer will defend the insured’s interests for the liability and damages claimed against the individual or business being sued. Colorado civil litigation attorneys Lambdin & Chaney LLP are among the most experienced and capable law firms serving clients in Colorado and Wyoming. Collectively, the firm’s attorneys have decades of experience handling tort liability claims resulting in civil litigation. The attorneys of Lambdin & Chaney also have dozens of reported appellate opinions to their name. The firm represents clients in state and federal courts in all areas of civil litigation, including class action defense, employer liability, intentional torts, personal injury, premises liability, professional malpractice, third party liability defense and wrongful death, to name a few.
Lambdin & Chaney’s lawyers can be reached in Denver, Colorado by calling 303-799-8889.
Posted on January 27, 2010
Ackerman v. Foster, 974 P.2d 1 (Colo. App. 1998).
American Standard Ins. Co. v. Savaiano, 298 F.Supp.2d 1092 (D. Colo. 2003).
Bailey v. Mid-Century Ins. Co. , 902 P.2d 411 (Colo. App. 1995).
Carlisle v. Farmers Ins. Exch., 946 P.2d 555 (Colo. App. 1997).
Farmers Ins. Exch. v. Dist. Court, 862 P.2d 944 (Colo. 1993).
Fazio v. State Farm, 55 P.3d 229 (Colo. App. 2002).
Galusha v. Farmers Ins. Exch., 844 F.Supp. 1401 (D.Colo. 1994).
Guaranty Nat’l Ins. Co. v. Farmers Ins. Exch., 3 P.2d 453 (Colo. App. 1999).
Kutch v. State Farm Mut. Auto. Ins. Co., 944 P.2d 623 (Colo. App. 1997) rev’d 960 P.2d 93 (Colo. 1998).
Lira v. Shelter Ins. Co., 913 P.2d 514 (Colo. 1996).
Martinez v. Allstate Ins. Co., 961 P.2d 531 (Colo. App. 1997).
Mid-Century Ins. Co. v. Travelers, 982 P.2d 310 (Colo. 1999).
Pompa v. American Family Mut. Ins. Co., 520 F.3d 1139 (10th Cir. 2008).
Shean v. Farmers Ins. Exch., 934 P.2d 835 (Colo. 1996).
State Farm Mut. Auto. Ins. Co. v. Stein, 940 P.2d 384 (Colo. 1997).
