Denver Partners Fred Winters and Jesse D. Rodgers recently obtained summary judgment, dismissing claims against our client, a national RV dealership chain, in a catastrophic injury and wrongful death case in Denver County District Court. The plaintiffs alleged that our client formed an RV transportation company which operated as its alter ego, instrumentality, and/or joint venture. However, this transportation company was a completely separate company and was simply a third-party vendor.
In June 2017, our client's RV transportation vendor's driver collided with the rear of the plaintiffs' vehicle on an interstate highway, causing the deaths of the plaintiffs' parents and personal injuries to both plaintiffs, the surviving children. Another set of defendants were sued for the spilling of fly ash on the highway, causing a traffic back-up and also contributing to the accident. There were seven defendants in total named in the lawsuit, and plaintiffs' counsel demanded $12 million at a pre-trial mediation.
We utilized extensive deposition testimony from our client and from the third-party transportation vendor (also a defendant), the invoicing, bill of lading, and other extensive document production to successfully show that our client did not share profits or losses with its transportation vendor and thus was not engaged in a joint venture. Furthermore, the deposition testimony and other documents demonstrated that the plaintiffs failed to establish the critical elements of alter ego and instrumentality liability against our client. Based on this evidence, our summary judgment motion was granted by the court and all claims against our client were dismissed with prejudice. The trial against two remaining defendants occurred over six days in September 2019 and the jury found for the plaintiffs, awarding them over $26 million in non-economic and economic damages.
Originally published on May 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
