Monthly Archives: November 2015

Grefe & Sidney Attorneys Obtain Dismissal on Dram Shop Action

November 16, 2015

Attorneys Guy Cook, Adam Zenor, and Holli Andresen obtained a dismissal of a dram shop action against two local businesses – Alpine Tap and Beechwood Lounge.  Defendants filed a Pre-Answer Motion to Dismiss based on Plaintiff’s failure to take the affirmative steps necessary to preserve her dram shop claim.  The Court agreed with Defendants and […]

Thomas and Martino Win Defense Verdict in Breach of Employment Contract Case

November 4, 2015

Mark Thomas and Laura Martino successfully defended a banker at trial accused of breach of contract by his former employer.  After working four and one half years at First American Bank, Nick Moser left to take a job opportunity with Great Western Bank.  A little over a month later, his previous employer served him with […]

Substantial Evidence Supports Jury Verdict That Defendant Was Negligent, But Not a Cause of Damages

This negligence case arose out of an injury Plaintiff sustained while riding a moped in the early morning hours.  Plaintiff collided into an end loader parked in the street by Defendant Simpson.  Plaintiff sustained a serious head injury as a result of the accident.  After an issue with failure to follow jury instructions at the […]

Jury Verdict Upheld for Damages Stemming from Faulty Workmanship of a Subcontractor

This case stems from a commercial construction dispute between MLP Management, LLC (MLP) and Westlake Investments, LLC (Westlake), which ended in a consent judgment in favor of Westlake.  The excess insurer for MLP, National Surety Corporation (NSC), appealed on the issues of the district court’s interpretation of the term “occurrence” in the policy and ultimately, […]

Court Finds No Duty to Defend Under Subcontractor’s Policy Where Negligence Is Only Alleged Against General Contractor

Gethmann Construction Company (Gethmann) appealed a district court decision finding that United Fire and Casualty Company (United Fire) owed no duty to defend Gethmann in an underlying lawsuit alleging negligence.  The initial lawsuit alleged negligence against Gethmann (the general contractor) and American Piping Group, Inc. (APG) (the subcontractor).  APG had obtained insurance though United Fire […]