04 Apr Recent Victories
Linkous v. Burgee, El Paso District Court: Plaintiff claimed significant personal injury requiring shoulder surgery and medical expenses over $45,000 after a head on auto accident. Despite all expert testimony supporting plaintiff’s claims of injury, a defense verdict was obtained.
Abigail Long v. Thompson School District, Larimer County District Court (2015cv30167): Plaintiff alleged that the School District waived sovereign immunity with respect to a dangerous condition of a public building after Plaintiff fell off of a roof while constructing a modular home for Habitat for Humanity as part of a high school class. Eric M. Ziporin and Courtney B. Kramer successfully briefed a complex motion to dismiss based on a lack of waiver of immunity under the Colorado Governmental Immunity Act (“CGIA”) and participated in a two day Trinity evidentiary hearing. The primary defense was the argument that the modular home, which was in a state of construction, was not a “public building” as defined by the CGIA. Subsequently, the Court granted the motion to dismiss and awarded defense fees and costs.
David Mazin v. Erin Land, et. al, 2015WL1228321 (14-cv-00654-REB-CBS): Plaintiff alleged claims of unreasonable seizure of property in violation of the Fourth and Fourteenth Amendments and deprivation of property without due process of law in violation of the Fourteenth Amendment. Defendants filed motions to dismiss arguing, among other things, that marijuana grown and possessed as medical marijuana and authorized under Colorado law is not property protected under the Constitution of the United States. Following a hearing, the Court granted the motions to dismiss in full. The case was handled by Courtney B. Kramer.