Recent Trial Update

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.

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.

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.