Favorable outcome for client in copyright infringement lawsuit

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.

Defense verdict for owner of vehicle on negligent entrustment claim

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.

Recent Third Party Liability Defense Verdicts

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.