Lambdin & Chaney, LLP | Attorneys at Law
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Lambdin & Chaney, LLP | Attorneys at Law
303-799-8889

We Will Provide Legal Services Of The Highest Quality

Recent Trial Update

On Behalf of | Aug 20, 2021 | Trial Successes

With trials once again resuming, Kathy Chaney recently tried a construction defect case representing the designer and installer of the metal structure of a commercial storage facility. The owners alleged that the composite floor decks were defective and sought, in excess of $2 million in repairs. The Court granted the motion for directed verdict after the close of plaintiff’s case-in-chief.

Recent Trial Success

November 2021: Bouricius v. Mesa County, Civil Action No.: 1:18-cv-01144-DDD-STV, Federal Court, District of Colorado

Lambdin & Chaney represented Defendant Mesa County Colorado in this matter involving claims for willful age discrimination pursuant to the Age Discrimination in Employment Act.  A jury trial occurred in November 2021 in front of the Honorable Judge Domenico. Plaintiff was seeking in excess of $300,000 in lost wages and over $400,000 in attorney’s fees.

After a 5-day trial, the jury returned a complete defense verdict in favor of the County and the County was awarded its costs.

Recent Trial Success

June 2021: Waner Construction Company v. PF #5 and Inverness Storage LLC and Kiwi II Construction, Case # 2018CV31010 Arapahoe County District Court, Colorado

Lambdin & Chaney represented Kiwi Construction Company (“Kiwi”) which contracted with the general contractor to design and construct steel components of the metal-framed building.  This was a construction defect and breach of contract case for damages to a storage facility.  A jury trial occurred in June of 2021 in front of the Honorable Judge Michaelson.  Plaintiffs’ last demand to Kiwi pretrial was $2.2 Million.

Ultimately, the Judge directed a verdict on Plaintiffs’ construction defect claims as to Kiwi. The general contractor’s pass-through claims were then voluntarily dismissed.

Recent Trial Success

July 2019: Reinke Bros. v Statewide Roofing Consultants, Inc., Case # 2017CV31500, Jefferson County District Court, Colorado

Lambdin & Chaney represented Statewide Roofing Consultants, Inc. (“Statewide”) in a case involving roofing work performed by Statewide, via a contract with Plaintiffs. Plaintiffs asserted claims for breach of contract and negligence associated with allegations of construction defect.   Statewide asserted counterclaims for breach of contract.  A jury trial occurred in July 2019 in front of the Honorable Judge Tighe. Plaintiffs’ last demand pretrial was $1.1 Million.  Prior to trial, Statewide served a statutory offer of $125,000.

After a 7-day trial, the jury returned a defense verdict on construction defect claims and a verdict in Statewide’s favor on the counterclaim for breach of contract. Plaintiffs filed an appeal on both verdicts. The Court of Appeals affirmed the trial court’s judgment.

Recent Trial Update

The case of T-Bone Construction v. BGE, LLC was decided via unanimous jury verdict in favor of  the firm’s client, T-Bone, in Adams County District Court in July, 2022.  BGE claimed over 12 million dollars for alleged construction defects at a commercial project against T-Bone, the contractor.   Kathy Chaney and Ed Dillon, representing T-Bone,  prevailed, obtaining a verdict entirely in favor of T-Bone on both the claims against it and its affirmative claims for payment. A giant win for T-Bone, its carrier and the firm.

Recent Trial Update

Kathy Chaney and Elaine Stafford prevailed in a hard fought bad faith/ UIM case in Federal Court in July, 2023.  The jury returned a complete defense verdict in favor of the firm’s insurer client, defeating the Plaintiff’s claim for nearly a million dollars in damages.

Recent Trial Update

June, 2023 brought another trial victory for Kathy Chaney and Amber Ju in Colorado Springs’  El Paso County District Court. In that case, stemming from an auto accident,  the Plaintiff claimed damages for a variety of alleged severe spinal injuries as well as associated lost wages.   A jury entered a verdict that was significantly lower than the statutory offer of settlement made by the defense months prior to the trial.

Complete Defense Verdict by John Fairless on behalf of ranch owner and employees

In a recent trial held in Pueblo District Court, John Fairless obtained a complete defense verdict for a ranch owner on claims against the ranch and its employees for negligence, outrageous conduct, negligent hiring and supervision, civil conspiracy and vicarious liability.  The Plaintiff alleged a ranch employee assaulted him and caused physical injury and severe emotional distress.  The Plaintiff asked the jury to award $1,000,000.  The jury found that Plaintiff was not injured in the incident, that the employee did not engage in negligent or outrageous conduct, and that the employee’s actions did not cause any injury to Plaintiff.

Directed Verdict on Unreasonable Denial and Defense Verdict on Coverage for Insurer

Kathy Chaney obtained a complete defense verdict for a commercial property insurer on claims of breach of contract and unreasonable denial of benefits.  The Plaintiff alleged that its commercial and residential mixed use building suffered in excess of $800,000 in damages from road construction which occurred in front of the building.  The building had a mix of foundations from the 1800s, 1960s, and 2010s resulting in a great deal of historical as well as more recent damage.

The Court granted a directed verdict on December 7, 2012 on the unreasonable denial claim at the close of the Plaintiff’s case.  The jury found the Plaintiff failed to prove the damages claimed fell within the initial grant of coverage in the at-issue policies and therefore entered a verdict for the defendant insurer.

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.

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.

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