Overview

Rob has tried 90 jury trials. Because of that experience, Rob analyzes every phase of a case from cradle to grave under the lens of how will this circumstance play out at trial. Besides trial, Rob specializes in premises liability, bad faith breach of insurance contracts, and home sale fraud cases.

Experience

Premises Liability

Rob has successfully defended many premises liability claims in pre-litigation, via motions practice, at trial, and on appeal. Representative cases:

  • In Wagner v. Planned Parenthood, Denver District Court, 16CV31798, Rob was on the trial team that obtained a full defense verdict on every element of a premises liability claim after a two-week jury trial. Rob cross-examined two doctors claiming the Defendant had knowledge of a dangerous condition (a mass shooter), examined current and former employees about what precautions were taken to prevent a shooting, elicited lay opinion testimony from an eyewitness about causation, and examined the defense’s foreseeability expert.

  • In Vasulka v. Ficco, et al., Colorado Court of Appeals, 20CA524, Rob successfully argued at oral argument that the nondelegable duty in premises liability cases does not attach to a landowner unless and until the landowner has actual or constructive knowledge of the danger on the premises. Oral argument was on November 2, 2021. The Court of Appeals issued an opinion agreeing with Rob just sixteen days later, affirming the jury’s defense verdict.

  • In Richardson v. Sunbelt Rentals, et al., Denver District Court, 20CV31676, Rob drafted a motion to dismiss a premises liability claim based on Jordan v. Panorama Orthopedics & Spine Ctr., P.C, 2015 CO 24, and C.R.S. § 13-21-115(1). Rather than attempt to respond, the opposing party agreed to dismiss Rob’s client.

Bad Faith Breach of Insurance Contract

  • In Madalena v. Zurich Am. Ins. Co., et al., Denver District Court, 17CV30788, Rob was on the trial team that obtained a defense verdict in a two-week jury trial. Plaintiff sought $17,800,000 in closing argument, and was awarded nothing.

Home Sale Fraud

  • In Hardy v. Flood, Rob and a colleague drafted a motion in limine (Motion in Limine No. 1) in advance of trial arguing that the lack of a permit was not a physical condition on a property such that the absence of a permit did not need to be listed in a seller’s property disclosures. The District Court agreed, granted the motion, and excluded evidence of the lack of a permit. See 2019 U.S. Dist. Lexis 177603 (D. Colo. Oct. 11, 2019). The Plaintiffs voluntarily dismissed their claim in the wake of the Court’s ruling.

  • Rob has obtained several favorable outcomes prosecuting and defending home sale fraud claims predicated on the information provided in a seller’s property disclosures.

Past Employment

6th Judicial District, District Attorney’s Office – Felony Deputy District Attorney

2nd Judicial District, Denver District Attorney’s Office – Deputy District Attorney

Personal Interests

Rob is an avid mountaineer and ultra-marathoner. He was the first person to hike Colorado's 100 highest mountains without a car, biking between mountain ranges (2100 miles, 300,000’ vertical gain, 70 days; to date, only two people have done this). He has been to the top of a Colorado 14er 434 times (there are 58). Rob has also summited Mt. Rainier (Washington State, 14,410’) via the Kautz glacier (Alaska Grade II/III); Iztaccihuatl (Mexico, 17,159’), Pico de Orizaba (Mexico, 18,490’), and Kilimanjaro (Tanzania, 19,341’). Rob also runs 100-mile ultramarathons. He finds that the challenges in the backcountry translate to the courtroom.

Education
  • University of Colorado Law School
    • J.D. - 2011
  • Northwestern University
    • B.A. - 2008
    • Major: Political Science
Bar Admission
  • Colorado
Clerkships

Judge Morris B. Hoffman, Denver District Court August 2011 to April 2013.

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