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Yvars and Koehler Obtain Defense Verdict in Premises Liability Case

March 30, 2020

Chris Yvars (Partner-Denver) and Kim Koehler (Associate-Denver) 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.

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