Kim Koehler represents established businesses and insurers in all aspects of complex civil litigation, including motions practice, trial, and appeal. Her practice focuses on the defense of claims related to general liability including catastrophic injury and wrongful death claims; trucking accidents; professional liability, including lawyers, title companies, Licensed Clinical Social Workers, general contractors, and other professionals; easement and other real property disputes; premises liability; product liability, including cases involving tires, industrial equipment, tools, and other consumer goods; and construction defect.

Kim is a member of the Colorado Defense Lawyers Association and has a passion for trial work. She has achieved favorable bench and jury trial verdicts in general liability, professional liability, and premises liability matters in state court, and has litigated insurance coverage issues, trade secret misappropriation, and employment discrimination and wage claims in state and federal court.

Kim's passion for the law began when she worked as a paralegal at a large law firm assisting attorneys with creditors' rights issues in bankruptcy and foreclosure matters and real estate litigation.

Before joining Wilson Elser in 2018, Kim worked at boutique litigation firms practicing in the areas of premises liability, labor and employment, construction disputes, and commercial litigation.

Areas of Focus

Professional Liability
Kim’s practice includes defending professional liability claims brought against lawyers and other professionals, with a focus on defending lawyers against regulatory and malpractice actions. She represents both litigation and transaction lawyers in cases arising from a wide variety of legal matters.

Premises Liability
Kim has significant experience litigating a variety of premises liability claims and has obtained dismissal of claims against clients by filing for summary judgment in premises liability cases in which the plaintiffs claimed hundreds of thousands of dollars in damages. Kim regularly defends property owners, property managers, and snow removal contractors in slip-and-fall cases with an aggressive approach, often resulting in favorable settlements for a small fraction of plaintiffs’ original demands, or defense verdicts for her clients. 

Construction
Kim provides experienced counsel in defending construction defect claims and accidents, including claims for property damage and personal injury. She regularly defends subcontractors, general contractors, and other professionals in construction defect litigation in Colorado and Wyoming.

    Education

    • Thomas Jefferson School of Law (J.D., cum laude, 2014)
    • Metropolitan State University of Denver (B.S., 2010)

    Bar Admissions

    • Colorado
    • Wyoming

    Court Admissions

    • U.S. District Court, District of Colorado
    • U.S. Bankruptcy Court, District of Colorado
    • U.S. District Court, District of Wyoming

    Professional Affiliations

    • Colorado Bar Association
    • Denver Bar Association
    • Colorado Defense Lawyers Association

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America® Ones to Watch™, 2024-2026
    • Selected for inclusion in The Best Lawyers in America®: Ones to Watch in the area of Commercial Litigation, 2021-2023

Kim L. Koehler

Koehler & Melichar Obtain Defense Verdict – Client Awarded Reasonable Attorney Fees and Costs Exceeding $400,000

Denver, Colorado, partners Kim Koehler and Jason Melichar obtained a complete defense verdict in Probate Court in a professional liability action brought by a former protected person against Wilson Elser’s attorney client. In the action, our client was appointed by the court as a limited conservator. After the protected arrangement was terminated, the former protected person claimed that our client had breached her fiduciary duty and requested imposition of a surcharge. The petitioner claimed significant compensatory damages of several million dollars and the estate's attorney’s fees. Kim and Jason successfully defended the client against the Petition for Surcharge, which would have severely damaged the client both professionally and monetarily had it been granted. After a week-long bench trial, the judge entered judgment in favor of the firm’s client finding the petitioner failed to prove that the client had violated her fiduciary duty. As the prevailing party under an applicable probate statute, our client was awarded reasonable attorney fees and costs exceeding $400,000 by the court.

Kim L. Koehler and Jason D. Melichar

Attorneys' Fees

Yvars and Koehler Obtain Summary Judgment for Self-Storage Company in Chop Shop Fire Case

Christopher Yvars (Partner-Denver, CO) and Kim Koehler (Partner-Denver, CO) defended a national self-storage company in Denver County District Court in a case brought by one of its renters. The plaintiff sued the client for approximately $100,000 in alleged property damage, plus attorney’s fees and costs.  She alleged that another renter was running an illegal chop shop out of his storage unit, which resulted in a fire that spread to and damaged other units, including the plaintiff’s. The plaintiff pled a single claim of gross negligence against the client in an attempt to plead around the waiver in her rental agreement, which clearly prohibits any simple negligence claims. Through discovery, Chris and Kim found that the plaintiff’s damages valuation was substantially inflated, and that she had discarded important evidence. They were ultimately successful in moving to dismiss plaintiff’s gross negligence claim against the client. Subsequent to the order of dismissal, the plaintiff filed a motion to bring new claims against the storage facility under Colorado's Premises Liability Act, and breach of contract and negligence theories. The court agreed with Chris and Kim’s opposition and denied the plaintiff’s motion, noting that allowing her counsel to essentially restart the case based on claims that could have been but were not asserted in the original complaint would undermine the purpose and spirit of the rules.

Christopher D. Yvars and Kim L. Koehler

Yvars and Koehler Obtain Summary Judgment for International Hotel Brand in $1.5 Million Premises Liability Lawsuit

Christopher D. Yvars (Partner-Denver, CO) and Kim L. Koehler (Partner-Denver, CO) were granted their motion for summary judgment and dismissal of a premises liability case in Denver District Court on behalf of an international brand hotel in downtown Denver, Colorado. The plaintiff, a guest at the hotel for multiple nights, alleged an unreasonably slippery bathroom floor caused him to fall forward and strike his head on the granite counter and door, causing a large facial laceration, traumatic brain injury, permanent neurologic and vision issues, and scarring. He sued the hotel under Colorado's Premises Liability Act, demanding $1.5 million. In obtaining a judgment on the merits of the case, Chris and Kim argued that an ordinary, common, tile bathroom floor is not a “danger” contemplated by the Premises Liability Act and that their client was entitled to judgment as a matter of law. The court granted their motion for summary judgment and dismissed the plaintiff's lawsuit.

Christopher D. Yvars and Kim L. Koehler

Yvars and Koehler Obtain Defense Verdict in Premises Liability Case

Chris Yvars (Partner-Denver, CO) and Kim Koehler (Partner-Denver, CO) defended a self-storage company in a premises liability case brought by a renter at one of the client’s facilities. The plaintiff alleged that she stuck her arm through the gap between the facility’s gate and a stone pillar to comply with an employee’s identification request. She testified that she did not have time to remove her arm when another renter triggered the gate to open from his car, crushing her arm and resulting in traumatic injury and permanent impairment. The plaintiff also alleged that surgeries prevented her from working for a lengthy period. Through diligent investigation, discovery and an aggressive trial approach, we convinced the jury the plaintiff’s injuries and surgeries all were not causally related to the alleged incident, and that her damages were inflated. Most importantly, we convinced the jury that the plaintiff bore the large majority of fault, thereby barring her from any recovery pursuant to Colorado’s comparative fault statute. The jury decided in our favor and costs were awarded to the defense as well.

Christopher D. Yvars and Kim L. Koehler

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