BUCKINGHAM WINS SUMMARY JUDGMENT FOR MANAGEMENT COMPANY CLIENT
Plaintiffs lost all of their claims against a mountain-area condominium management company after a summary judgment motion filed by Miles Buckingham on behalf of his client was granted by the District Court. The case, which was brought by the owner of a commercial condominium unit, will not be proceeding against Nemirow Perez’s client.
BUCKINGHAM AND BROWN WIN DISMISSAL IN FAVOR OF HOA CLIENT
All claims by four plaintiffs against a large Denver-area owners’ association were abandoned, and the case dismissed on the motion of the Plaintiffs themselves after the Court granted a motion by Miles Buckingham and Chris Brown which effectively gutted the Plaintiffs’ ability to recover any monetary damages. The surgical strike was precisely targeted at what was proven to be a critical weakness in the case. Damages in excess of $600,000 had been claimed.
SUMMARY JUDGMENT AGAINST SERIAL LITIGANT AND IN FAVOR OF BUCKINGHAM’S ASSOCIATION CLIENT
In August 2015, an Adams County Judge entered summary judgment against the claims of a disgruntled former owner of a Colorado owners' association. The Plaintiff, who has attempted to bring claims against the association on two prior occasions, once again found his claims rebuffed by a Colorado judge. While the law provides all litigants with a forum to hear their complaints, suits by homeowners can be expensive and distracting unless your association is assisted by an attorney with experience in using the law to stop expensive litigation in its tracks. If your community, your Board, or you are sued by a homeowner, consider asking your Board and your insurer to bring on the attorneys of Nemirow Perez.
SUMMARY JUDGMENT ORDER IN FAVOR OF BUCKINGHAM’S CLIENT IN CLASS ACTION LAWSUIT
In August 2015 the Weld County District Court granted a motion for summary judgment filed by Nemirow Perez President Miles Buckingham in favor of his homeowner association client. The suit, brought by a Denver law firm on behalf of a number of former owners, attacked the association's handling of a defect suit against the developer of the community. In entering judgment in favor of the association, and against all claims of the plaintiffs, the Court applied multiple, complicated issues of common and statutory authorities, culminating in the determination that no claims could proceed. Miles Buckingham is a litigation attorney with significant experience in defending lawsuits against Colorado owners' associations involving the Colorado Common Interest Ownership Act ("CCIOA"). If your association finds itself defending against claims by an owner, a developer, or a stranger to the community, ask your Board to consider retaining or requesting the assistance of Nemirow Perez P.C.
PEREZ AND BROWN GET DEFENSE VERDICT FOR GROCERY STORE IN PREMISES LIABILITY CASE
On May 13, 2015, after a three-day trial, a Denver County jury returned a defense verdict in a premises liability case in which the plaintiff claimed that a national retail grocery store should have done more to protect her from slipping and falling on a piece of wax paper. The jury determined that the grocery store neither knew, nor should have known, about the piece of wax paper on the floor. Perez and Brown presented evidence to the jury that even to the right company, using the right people, the right training, and the right equipment work to provide a pleasant and safe environment for all customers, accidents can happen. That is a reality, and just because an accident happens does not mean that the store failed to be appropriately proactive and diligent. Perez and Brown worked hand-in-hand with both store employees and recognized experts to communicate to a jury how several layers of training, procedures, and equipment come together to provide customers with a safe shopping environment, even if they do not see the efforts around them.