PRACTICE AREAS

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• appeals

• asbestos exposure / toxic tort

• business and contract disputes

• commercial litigation

• construction defects

• criminal defense & white collar crime

• explosions

• industrial accidents

• insurance defense

• personal injury and wrongful death

• premises liability

• products liability

• professional liability

• real estate / real estate professional liability

• subrogation claims

• torts and general liability defense

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CASES and MATTERS

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The following information is representative of the cases or transactions I have handled in my practice or are within my litigation experience. Client or party names are not provided.

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The case information contained in this webpage, and any indicated results, are not indicative of the potential success of other cases or claims, even if the matter involves the same legal or liability issues. Litigation results cannot be guaranteed.

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INSURANCE DEFENSE

• [asbestos; toxic tort; complex litigation; premises liability] as primary litigation counsel, represented owner of 15-story, 191-unit apartment building against 57 former and current tenants (not a class action) in action for toxic tort asbestos exposure and property losses resulting from fire in apartment building that released airborne asbestos into the building. Several Plaintiffs were dismissed from the action for discovery violations, and sanctions in excess of $13,000 were entered against Plaintiffs and their counsel, jointly and severally. The case involved significant motion and discovery practice on scientific evidence and damages, including successfully striking Plaintiffs’ designated pulmonary medical expert and a successful motion for summary judgment as to Plaintiffs’ claims for emotional distress related to fear of future disease or cancer. The case settled in the middle of the 20-day jury trial.

• [complex litigation; tort; product liability] as associate counsel, represented one of the world’s five largest general contractors in complex litigation involving an explosion that killed three men at a coal-fired power plant. Client was one of several defendants in the federal action regarding failure of a massive mechanical system, portions of which were designed, manufactured, and installed by the client. This matter had well over 250,000 pages of documents in evidence. The case resulted in a confidential settlement at mediation.

 

• [product liability; toxic tort] represented concrete company sued by two men (not experienced construction workers) who suffered full-thickness chemical burns to the skin on their knees, legs, and feet after they knelt in wet concrete, without proper protective clothing and boots, for more than twenty minutes during pouring and finishing of a slab floor. The concrete truck driver who delivered the concrete failed to warn the two men of the acidic nature of concrete while he watched the men kneel in the wet concrete during pouring and finishing.

• [tort; motor vehicle; federal carrier law] as associate counsel, represented national trucking company in 22-vehicle accident on Interstate 80 in Wyoming; four trucking companies named as defendants. This was a consolidated action of several tort cases in state court. Plaintiffs alleged injuries that included permanent brain and severe spinal cord injuries. Case resulted in a confidential settlement at mediation.

• [tort] as lead counsel, represented Wyoming hotel and convention center in suit brought by guest regarding theft of several thousand dollars in cash from hotel room. Temporary employment agency was also named as a defendant; the person believed to have stolen the money was a temporary employee hired by the hotel for housekeeping work. Defense involved hotel’s compliance with state law granting immunity for theft of valuables from hotel room when safety deposit boxes are available at the hotel. Case was dismissed against hotel after hearing and oral argument on summary judgment motion filed on behalf of hotel client.

• [tort] as associate counsel, represented energy company in Wyoming sued by rancher alleging that energy company employees, while installing overhead and underground power transmission lines, negligently damaged fencing that allowed escape of award-winning “cutting horse” with alleged value in excess of $75,000. Case resulted in confidential settlement during pending motion for summary judgment filed on behalf of client.

• [premises liability; tort] as associate counsel, represented worldwide shipping company in personal injury/premises liability action by independent-contractor plaintiff who alleged injury to spine and knee resulting from slip-and-fall accident at delivery vehicle maintenance facility. Plaintiff alleged loss of income from business that was disproved with coefficient correlation mathematical analysis. Confidential settlement during discovery.

 

COMMERCIAL LITIGATION

• as solo counsel, represented physician and medical practice in action for breach of commercial lease agreement at retail shopping center. Issues included contract ambiguity, warranty of use, and undisclosed construction problems with premises during negotiation of lease. Plaintiff-owner filed for summary judgment three times and was successfully opposed. Physician filed personally for federal bankruptcy protection on the eve of trial. A bench trial was had between owner and medical practice; court ruled that physician’s filing for bankruptcy was breach of contract in and of itself as physician was guarantor of lease.

• [subrogation] represented insured business which settled a personal injury action against Plaintiff who failed to pay off the medical liens according to Plaintiff’s settlement agreement. Insured client was sued by carrier who paid medical bills.

• [tort; fraud; contract] represented investor who invested approximately $30 million with Texas-based investment company that mismanaged his portfolio in violation of contracts and client instructions which resulted in the loss of approximately $6 million.

• [tort; fraud; contract; securities violations] represented husband and wife who lost approximately $7.5 million in a ponzi scheme. The case involved protracted litigation in bankruptcy courts, federal courts, and cases brought by the Securities and Exchange Commission.

• [lien foreclosure; breach of contract] as solo counsel, represented one of 18 subcontractors in lien foreclosure/breach of contract action against general contractor and national franchisee/owner. Confidential settlement with owner during discovery, and confidential settlement with general contractor at mediation.

 

CONSTRUCTION DEFECT

• as co-counsel, represented husband and wife as owners of a $20 million, 20,000 square-foot mansion with a separate pool house and European-style winter paddle court. The home was located in what is probably regarded as the most luxurious and exclusive neighborhood in the Denver area. The defendant general contractor was sued on multiple legal claims, including breach of contract, negligence, civil conspiracy, and civil theft, among others. One principal of the general contractor was eventually charged with criminal charges. Defects included construction of improvements within the set-back (illegal under the subdivision covenants, resulting from the failure to obtain necessary surveying), improper framing resulting in out-of-plumb (not straight) walls and joints, broken and scratched expensive custom windows, failure to protect existing work from damage by other construction trades once completed, and failure to apply interior finishes (such as drywall, paint, and trim) according to the specifications of the architect and interior design team. Damages in the case exceeded $6 million.

• as primary litigation counsel, represented general contractor in defense of construction defect lawsuit involving an $800,000 addition and renovation of existing mansion in an opulent and exclusive Denver neighborhood.

• as primary litigation counsel, represented roofing subcontractor against Third-Party claims of general contractor against the client. The case involved extensive Third-Party Defendant practice with multiple subcontractors as parties in various construction trades.

• as lead counsel, represented husband, wife, and infant daughter in mold infestation and construction defect case against a nationwide home builder for repurchase of new construction home plus attorney fees. Case resulted in confidential settlement at mediation before defendant filed an answer in the lawsuit.

• represented general contractor in construction defect claims brought by owner and lien foreclosure claims brought by subcontractor over installation of, and payment for, specialty electronic equipment (audio, video, indoor sports signage). Case resulted in a confidential settlement at mediation.

• represented seller of large commercial building in dispute over claimed defects and failure to maintain metal roofing system of 106,000 square-foot pre-engineered metal building. Case resulted in confidential
settlement after negotiation for remedies between parties and general contractor that constructed the building.

 

TORTS

• represented two electricians severely injured in industrial/construction accident involving aerial work platform capable of ascending to 131 feet that tipped over from a height of approximately 100 feet while the two men were attempting to repair a 125 foot-tall light pole. Equipment manufacturer entered into confidential settlement during discovery. Case went to trial for 5 days against equipment rental company. Plaintiffs and remaining defendant settled during pending appeal.

• as lead counsel, represented plaintiff/teacher in her early 30’s who suffered severe spinal injury resulting from high-speed, rear-end auto collision by 16 year-old defendant driver. Mediation of the case failed, followed by 5-day jury trial. Responsible for technical/engineering aspects of the case and defense against expert testimony, as well as jury selection (voir dire) and closing argument. Verdict in favor of the plaintiff in excess of $168,000 in non-economic damages plus costs.

• represented construction supervisor in personal injury action against a worldwide concrete company. Client, while at a construction site, was struck and severely injured by a concrete chute attached to a concrete truck. Case resulted in a confidential settlement at mediation.

• represented defendant-manager employed with nationwide electronics retail store in suit by former employee alleging assault and battery during altercation after defendant fired plaintiff. Plaintiff’s counsel withdrew from the action, and the case was eventually dismissed for failure to prosecute.

 

REAL ESTATE

 

• [real estate; breach of contract] as lead counsel, represented a then Wyoming State House Representative in action for breach of contract in real estate purchase and problems with county subdivision requirements for parcel that was severed by purchase of railroad right-of-way in 1911 (more than 60 years prior to county ordinances becoming law). Real estate listing broker was also named as a defendant. Mediation of the case failed, followed by a bench trial and verdict in favor of client-defendant.

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• as solo counsel, represented parcel owner in action for several claims of relief between the parties, including adverse possession issues, water easement condemnation, easement use, ownership, and rights to payments of oil and gas royalties. Ownership issues resolved with settlement and sale of client’s parcel to opposing party.

• as solo counsel, represented seller in dispute with buyer/real estate attorney over sale of existing home and acreage. Buyer alleged failure to disclose certain defects and problems, including functionality and use of dual-tank sewer system on property. Demand for damages was also made upon listing real estate broker. Negotiated with client/seller, listing broker, and buyer. Parties entered into confidential settlement prior to legal action.

• as solo counsel, represented former school district superintendent and his wife as sellers in action against buyers for breach of contract and release of contract earnest money regarding sale of large 60 year-old home with carriage house/second residence. Issues in litigation include inspection notice rights and enforceability of Colorado Real Estate Commission-approved forms.