The types of cases Giometti & Mereness P.C. handles are very diverse. Below you’ll find a collection of brief case summaries, including trial results as reported in the Jury Verdict Reporter of Colorado. The case number is provided to facilitate review of the case in more depth.
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Owners Insurance Company v. Amanda Blakey & Rae Ann Blakey
Case Number: 08CV58
Jurisdiction: Larimer County District Court
Declaratory Judgment Action
GRG represented the plaintiff, Owners Insurance Company.
Owners Insurance Company filed declaratory judgment action against the defendants as a result of a dispute in an underlying action, a wrongful death case. During the wrongful death matter, the parties entered into a Settlement Agreement and Release of All Claims for $1,000,000. At the same time, they agreed that either party could initiate a declaratory judgment action. The dispute was whether additional coverage of $1,000,000 existed under business auto, garage liability and/or CGL policies. The Court entered a summary judgment in favor of Owners, finding no additional coverage existed and that Owners had already satisfied its contractual obligations by paying $1,000,000.
Merry Fix v. Arapahoe Bowling Center. Ltd.
Case Number: 08CV1482
Trial Dates: August 24-28, 2009
Jurisdiction: Arapahoe County District Court
Premises Liability
GRG represented the defendants, Arapahoe Bowling Center, et al.
The plaintiff fell and broke her ankle while bowling. The plaintiff’s ankle later became infected resulting in multiple surgeries. She asserted that the fall was due to sticky approaches. The defendants claimed injuries were caused by plaintiff’s own use of baby powder, asserting comparative negligence. The jury rendered a finding that both plaintiff and defendants were at fault: 75% of fault to the plaintiff; 25% fault to the defendants. Judgment was entered in favor of the defendants.
Monica David Vickery v. Evelyn Trumble & Merry Gayle Vickery
Case Number: 07CV7674
Trial Dates: January 5-20, 2009
Jurisdiction: Denver County District Court
Defamation of Character & Malicious Prosecution
GRG represented the plaintiff, Monica David Vickery.
The Plaintiff, a sergeant employed by the Denver Police Department, asserted two malicious prosecution claims and nine defamation claims against her former mother-in-law and sister-in-law. The jury returned a verdict in favor of the plaintiff on one of her two malicious prosecution claims; a verdict in favor of the plaintiff on all nine defamation claims against one defendant; and on five defamation claims against the other defendant. The jury’s combined awards of compensatory and punitive damages against both defendants exceeded $400,000.
Jamro, Inc., v. Owners Insurance Company
Case Number: 06CV4215
Trial Dates: November 30-December 4, 2009
Jurisdiction: Denver County District Court
Action for Breach of Contract and Insurance Bad Faith
GRG represented the defendant, Owners Insurance Company.
Jamro, Inc. operated an oil change/auto repair business which was destroyed by fire on November 15, 2005. Jamro made claims under its commercial property coverage with Owners for business interruption coverage, personal property coverage and purported coverage for damage to the building it was leasing. The trial court granted summary judgment to Owners on Jamro’s claims for breach of contract and bad faith for damage to the building. The case went to trial on Jamro’s claims for breach of contract and bad faith for failure to pay and delay of payment on its other claims. The jury rendered a verdict in favor of Owners on all Jamro’s claims.
Clifford Lott v. Auto-Owners Insurance Company
Case Number: 05CV233
Trial Dates: April 2-6, 2007
Jurisdiction: Denver County District Court
Breach of Contract & Bad Faith
GRG represented the defendant, Auto-Owners.
Clifford Lott brought an action against Auto-Owners for breach of contract and bad faith arising from insurer’s denial of insured’s claim for enhanced PIP benefits. Before trial, the court granted a Motion for Summary Judgment in favor of the insurer had made a proper offer of enhanced PIP coverage and judgment was entered in favor of Auto-Owners. The judgment was affirmed on appeal.
Lawley v. Esurance
Case Number: 2009CV7254
Trial Dates: June 14-16, 2010
Jurisdiction: Denver County District Court
Common law and statutory bad faith
GRG represented defendant, Esurance.
Shawna Lawley alleged that Esurance unreasonably delayed payment on her claim that she was a victim of theft of her 2001 BMW automobile. Esurance investigated, and did not immediately pay, the claim due to certain suspicions it had about its insured’s theft report. The Jury found for Esurance on both claims– for bad faith breach of insurance contract and for unreasonable delay of payment to insured – based upon a finding that Plaintiff had engaged in fraudulent conduct when she reported the loss.
