Denver Partner and Vice-Chair of Lewis Brisbois' Transportation Practice Katherine L. Vaughn, along with Associate Thomas P. Gerwick, were recently awarded summary judgment on behalf of an international home improvement retailer. In this matter, the plaintiff and his friend were discovered by the home improvement retailer's employee while the pair were committing theft from the retailer. The plaintiff was a passenger in the vehicle that fled the scene, allegedly with the retailer's employee "in pursuit." During their attempted escape, the thieves crashed their vehicle, with the plaintiff sustaining catastrophic injuries and several million dollars in medical expenses.
The Denver team moved for summary judgment under a Colorado statute that precludes recovery for damages sustained during the flight from the commission of a felony. Although the plaintiff was never formally charged with or convicted of felony theft due to the severity of his injuries, the court agreed with our interpretation of the facts and the statute, dismissing all claims against our client and awarding costs and fees in its favor.
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