Jackie Booker Prevails on Motion to Dismiss in Dram Shop Action
Jackie achieved a dismissal of all claims against an insured driver on a motion to dismiss. Asserting a dram shop liability claim, the Complaint alleged that the insured volunteered to act as a “designated driver” for a co-defendant. Plaintiffs claimed the insured’s failure to fulfill her duties as a designated driver was the proximate cause […]
Jackie Booker Precluded Expert Opinions and Entry on Land
In a premises liability case against a retailer, Jackie Booker successfully precluded expert opinions and the plaintiff’s request for entry upon land with motions practice. Plaintiff’s treating orthopedic surgeon was precluded from providing causation opinions, pursuant to C.R.C.P. 37. The Court agreed with the retailer that the late disclosure of the treating physician’s opinions was […]
Katie Johnson Obtains Summary Judgment for Retailer in Premises Liability Action
Katie Johnson obtained summary judgment in a premises liability case, resulting in a dismissal of the action with prejudice. The Court held the retailer was entitled to summary judgment because the plaintiff could not establish that any of her claimed injuries were wholly or partially caused by the alleged slip and fall incident. The Court […]
Tenth Circuit Affirms Summary Judgment in Favor of Retailer in Products Liability Case
The Tenth Circuit affirmed the district court’s dismissal of all claims against a retailer in a products liability action. The district court found plaintiff’s expert unqualified to provide his opinions and the testimony unreliable. Without expert opinion testimony, the district court determined plaintiff failed to establish a genuine issue of material fact, and granted the […]
Jackie Booker Testifies on Senate Bill 182
Jackie Booker testified in the Senate Judiciary Committee on Senate Bill 182 on March 7, 2017, at the request of an insurance client. Senate Bill 182 seeks to reverse the 4-3 decision reached by the Colorado Supreme Court in Calderon v. American Family, which held a policy provision prohibiting double recovery of the same medical expenses […]
Debra Sutton Obtains Defense Verdict
Debra Sutton obtained the firm’s third premises liability defense verdict of 2017 in a case tried in Denver County District Court.