Kim L. Koehler

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 (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.

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.