- Paternity
- DUI/DWIMr. Giometti represented Grange, whichg brought a declaratory judgment action seeking a declaration that an automobile policy issued to its insured, Heidi Schaff, was void because the insured had concealed that an auto that was added to the policy was not owned by her, but was actually owned by her boyfriend, who had no driver’s license because of a DUI. Schaff’s boyfriend was severely injured when he fell out his car while Schaff was driving and she backed over him. Before the accident, Schaff and her boyfriend had been drinking at a bar. Schaff’s boyfriend sought PIP benefits under the policy. In response, Grange filed its DJA against Schaff and the boyfriend, and the boyfriend counterclaimed for breach of contract and bad faith. The jury found for the boyfriend and against Grange on the DJA. In addition, the jury found in favor of the boyfriend on his counterclaims and awarded $175,000 in actual damages for breach of contract; $25,000 in non-economic damages for bad faith breach of contract; and punitive damages of $750,000, which were reduced by the Court to $125,000.
- Wrongful DeathAt our firm, we represent clients in a variety of wrongful death cases, and believe that we are recognized as an authority on these types of cases in the state of Colorado. We literally wrote the book on Colorado Wrongful Death Law.
- Traffic ViolationsSection 13-21-203(1) contains an exception to these limitations on recoverable damages. The statute lifts these limitations if the decedent died as a result of a “felonious killing”. A felonious killing is one which rises to the level of first or second degree murder or manslaughter. However, an actual criminal conviction of the defendant is not necessary. Even in the absence of the defendant’s criminal conviction for one of these offenses, the court in the wrongful death action may make an independent determination as to whether the conduct of the defendant was sufficiently egregious as to constitute murder or manslaughter. A claim for felonious killing might be presented, for instance, in a situation where an at-fault driver was highly intoxicated by alcohol or drugs and was engaging in reckless driving behavior.
- Fraud
- Theft
- MurderAn investigation will be usually conducted by the police to determine the facts of an apparent murder-suicide. However, the results of a police investigation are not always clear cut. It is important to review the police investigation to ensure that the police did not jump to erroneous conclusions. For a variety of reasons, police departments that are investigating apparent murder-suicide cases some times do not thoroughly analyze or test the evidence. Questions that may arise include...
- HomicideThese statutory caps can be lifted if the plaintiff can prove that the decedent’s death resulted from a “felonious killing.” As defined in C.R.S. § 15-11-803(1)(b), a felonious killing includes first degree murder, second degree murder, or manslaughter. A criminal conviction of the defendant is not necessary to establish a felonious killing. Under C.R.S. § 15-11-803(7), notwithstanding the disposition of a criminal proceeding, an interested person may petition the court to determine whether the elements of a felonious killing have been established. Even in cases where the at-fault party is criminally convicted of a lesser offense, such as vehicular homicide, the court in a wrongful death action, applying a preponderance of the evidence standard, may independently determine whether the conduct of the at-fault party constituted a felonious killing.
- ArsonFire and arson cases can involve complicated scientific questions as well as challenging legal issues. At Giometti & Mereness P.C. in Denver, Colorado, we represent clients in liability and insurance disputes involving both accidental fires and cases where arson may be involved. Contact us to discuss your case with an experienced Denver insurance attorney.
- ManslaughterA felonious killing as defined under Colorado law to include first-degree murder, second-degree murder, or manslaughter, so obviously, in a murder-suicide case there would be a felonious killing. However, even in some motor vehicle accident cases there can be a felonious killing if there’s sufficient evidence of willful and wanton conduct or reckless conduct such as a case where a defendant is driving while intoxicated, without headlights, on the wrong side of the road. There does not have to be a criminal conviction in order for there to be a felonious killing in a wrongful death action. The court in the wrongful death action can make an independent determination as to whether the facts rise to the level of a felonious killing in that particular case.
- Hit and RunMr. Giometti defended insurer in action to recover uninsured motorist benefits. Insured, who had BAC of 0.21, was leaving bar and was struck and killed by hit-and-run motorist. Insured’s wife and children brought claim for UM benefits for insured’s wrongful death. Jury found in favor of plaintiffs, charging 65% of fault to the hit-and-run driver and 35% to the insured.
- Intellectual PropertyCum laude. While at New England Law, Mrs. Adams was an editor for the New England Journal on Criminal and Civil Confinement and received a certified concentration in Intellectual Property Law, including CALI awards for the top exam grades in Intellectual Property Law and Copyright Law. While attending law school, Mrs. Adams served as a judicial intern for the Hon. Bonnie H. MacLeod at the Suffolk County Superior Court in Boston, MA.
- Employment DiscriminationMichael S. Power joined Giometti & Mereness, P.C. in the Spring of 2022 after having previously worked with the firm’s partners as co-defense counsel in large loss construction defect cases and insurance bad faith cases. Mr. Power has done extensive insurance defense work in the Colorado state and federal courts since 1997 for many major insurance companies operating in Colorado and was admitted to the Tenth Circuit Court of Appeals in 2005. Mr. Power practices in the areas of insurance coverage, bad faith, wrongful death, personal injury, property damage, construction defect, employment discrimination, copyright and trademark, and alternative dispute resolution.
- Premises LiabilityMr. Giometti defended Cornerstone Apartment Services, Inc., Max Rosenstock & Company, MSG Investments, Inc., and James A. Lorenzen (the “Cornerstone Defendants”) against claims under Colorado’s Premises Liability Statute, C.R.S. § 13-21-115. Plaintiff alleged that she suffered personal injuries as a result of a fire that broke out at her apartment complex, which was owned and/or operated by the Cornerstone Defendants. She sought economic damages in the amount of $96,495.68, as well as non-economic and physical impairment damages. The Cornerstone Defendants made a statutory offer of settlement to Plaintiff in the amount of $50,000. The jury returned a verdict in favor of the Cornerstone Defendants and against Plaintiff. Plaintiff recovered against Parker Montgomery.
- Construction LitigationThe focus of practice at Giometti & Mereness P.C., has always been insurance defense. For several decades, Mr. Giometti has successfully represented carriers and their insureds in hundreds of first-party and third-party cases, running the gamut from low-speed motor vehicle accident cases to complex construction litigation and insurance bad faith claims. Giometti & Mereness P.C. represents carriers and their insureds in the following areas of practice...
- Property DamageThe firm is often called upon to assist carriers in coverage investigations and, to that end, frequently conducts examinations under oath. The firm has conducted several examinations under oath that have resulted in determinations that coverage was void because of policyholder fraud. The firm also conducts examinations under oath simply to gain necessary information for carriers to resolve claims, including in UM/UIM cases, homeowner’s insurance claims and property damage claims.
- Personal InjuryConstruction, industrial and other work-related accidents often result in serious injuries such as head and brain trauma as well as permanent spinal cord damage. These types of claims are generally filed against third parties rather than the employer. The workers’ compensation laws usually prohibit filing a personal injury action against an employer. Our lawyers will help you manage claims such as...
- Medical MalpracticeAt Giometti & Mereness P.C., we are highly experienced in handling wrongful death cases arising from many different circumstances, including car crashes, motorcycle accidents, truck accidents, workplace injuries, fires, defective products, medical malpractice and murder-suicide. We have successfully pursued wrongful death claims on behalf of clients whose loved ones have died, and we have successfully defended many actions on behalf of persons or entities against whom such claims have been brought.
- Auto Accidents
- Slip and Fall InjuryGiometti & Mereness P.C. has successfully defended many premises liability cases, and the firm has obtained summary judgment and defense verdicts in several. These premises liability cases have involved a number of scenarios, including slip and fall injuries due to ice and snow, falls resulting from foreign substances on the floors of commercial establishments, a tractor overturning on private property, and injury to an apartment tenant due to a fire. The firm’s attorneys know how to select the proper experts, including engineers, meteorologists and building code experts, to mount a vigorous defense to any premises liability claim.
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