Reported Cases and Firm Accomplishments
The best evidence of Murphy Decker Hensen & Cook-Olson, P.C.’s commitment to a positive result for every client is the record of success achieved by each of our firm's lawyers. Below are some examples of our past work as well as individual and firm accomplishments.
A collection of our past work and attorney accomplishments:
Highest Martindale-Hubbell Rating for 2011: Murphy Decker Hensen & Cook-Olson was once again recognized as an AV-rated firm for 2011 by Martindale-Hubbell®. This is the highest possible firm rating for legal ability and ethical standards. The firm has been AV-rated every year since its inception.
2011 Colorado Super Lawyers®: Dan Murphy, Steve Hensen, and Amy Cook-Olson were recognized as Colorado Super Lawyers in the 2011 edition of Law and Politics magazine. Only 5% of all lawyers in Colorado receive this distinction each year. This is the fifth consecutive year that Steve has received the honor. Dan was also recognized for his work in 2010.
Victory at the Court of Appeals for Hospital Owner: In October 2011, a summary judgment in favor of Todd Drake's client was upheld by the Colorado Court of Appeals. The plaintiff alleged that she was injured after being struck by a door at the hospital owned by Todd's client. The trial court applied Colorado's Premises Liability Act and entered summary judgment in favor of the hospital owner after determining that the plaintiff was a licensee and therefore could not recover without evidence that the owner actually knew of the alleged dangerous condition. On appeal, the Court of Appeals agreed and affirmed judgment in favor of Todd's client.
Claims against client dismissed by Wyoming court: In October 2011, Dan Murphy and Eric Kirby filed a successful motion to dismiss all claims against their client in the U.S. District Court for the District of Wyoming. Dan and Eric demonstrated that the plaintiff failed to comply with applicable service rules. Relying on cases from various jurisdictions, Dan and Eric convinced the judge that it was appropriate to dismiss the claims against their client due to the plaintiff's violation of the rules.
Dismissal of all claims against commercial food supplier: In September 2011, Mike Decker was able to get all claims against his client dismissed in a case involving alleged E. Coli contamination. Mike's client supplied beef to a commercial restaurant and the plaintiffs claimed they were injured after eating at the restaurant. The claims against Mike's client were dismissed after demonstrating that all of the beef supplied by the client had been properly tested and found to be free of contamination. The case continued against other parties.
Summary judgment for clients entered by Wyoming court: In May 2011, Dan Murphy and Eric Kirby obtained a summary judgment for their clients, who were individual representatives of a corporation sued in Wyoming. The case involved claims for negligence and strict product liability related to a slope stabilization project. Dan and Eric convinced the court that the claims were filed outside the time allowed by the applicable statute of limitations.
Summary judgment for developer: In April 2011, Mike Decker obtained a summary judgment for his clients in a case involving alleged construction defects at a large shopping mall. The current owner of the mall alleged over $3 million in damages. Mike represented former developers for the mall property. Less than a year after the lawsuit was filed, the judge entered summary judgment in favor of Mike's clients on all claims. The case continued against many additional parties.
2010 Colorado Super Lawyers®: Dan Murphy and Steve Hensen were recognized as Colorado Super Lawyers in the 2010 edition of Law and Politics. This is the fourth consecutive year Steve has received the honor. Only five percent of all lawyers in Colorado receive this distinction each year.
2010 Bar Register of Preeminent Lawyers™: The firm of Murphy Decker Hensen & Cook-Olson, P.C., has been accepted into the 2010 LexisNexis Martindale-Hubbell® Bar Register of Preeminent Lawyers™. This exclusive directory is limited to AV-rated law firms that have achieved the highest possible rankings for legal ability and ethical standards.
Defense verdict in auto accident case: In March 2010, Dan Murphy and Eric Kirby represented a client in a case involving a rear-end auto collision. The plaintiff claimed he was injured after being hit from behind by Dan and Eric's client. Although liability for the accident was admitted, responsibility for the injuries being claimed by the plaintiff was denied. After deliberating for four hours, the jury found in favor of Dan and Eric's client and awarded no damages to the plaintiff as a result of the accident.
Judgment for general contractor: In January 2010, Dan Murphy and Eric Kirby obtained a judgment in favor of a general contractor who was being sued by a site worker claiming personal injuries due to a fall. The plaintiff had alleged damages of at least $1 million.
2009 Colorado Super Lawyers®: Steve Hensen was once again recognized as a Colorado Super Lawyer® in the 2009 edition of Law & Politics. Amy Cook-Olson was also recognized as a Colorado Rising Star®.
Victory for electrical subcontractor: In November 2009, Mike Decker represented an electrical subcontractor in an arbitration involving alleged defects with the electrical system at a condominium project. After a three-day hearing, the arbitrator found in favor of Mike's client on all claims and awarded attorney fees and costs against the opposing parties.
Defense verdict for doctor: In September 2009, Steve Hensen and Amy Cook-Olson successfully defended a doctor against a claim for delayed diagnosis in the U.S. District Court for the District of Colorado. The plaintiff alleged that the doctor should have diagnosed her with cancer sooner. After a week and a half trial, the jury returned a verdict in favor of Steve and Amy's client on all claims.
Judgment in favor of pediatrician: In August 2009, Steve Hensen defended a pediatrician against claims that the treatment of a cyst was unreasonably delayed. After a one-week trial, judgment was entered in favor of Steve's client on all claims.
Defense verdict in medical malpractice trial: In August 2009, Todd Drake acted as a consulting trial and appellate counsel in a two-week medical malpractice trial. The plaintiff claimed that a physician improperly ordered restraints in the emergency department, resulting in alleged physical injuries. After deliberating just over two hours, the jury returned a defense verdict on all claims.
Treatise on Colorado construction law: In June 2009, Mike Decker was a contributing author in the latest edition of The Practitioner's Guide to Colorado Construction Law. The new edition of the treatise is published by the Continuing Legal Education of Colorado.
Important decision by the Supreme Court of Colorado: In January 2009, Dan Murphy and Mike Decker represented a subcontractor before the Supreme Court of Colorado. The decision issued by the Supreme Court definitively interpreted provisions of AIA form contracts related to builders' risk insurance coverage and clarified the scope of claim waivers found in the form agreements. The case was remanded to the trial court for further proceedings necessary to determine the extent that the claims against Dan and Mike's client were waived.
Defense verdict for hospital: In January 2009, Steve Hensen successfully defended a negligence claim against a hospital in Boulder County District Court. The plaintiff developed chemical meningitis following a CT myeleogram. Steve argued that the injuries were caused by a known complication of the procedure and that the hospital's actions were reasonable and met the standard of care. The jury agreed and returned a defense verdict after a two-week trial.
Colorado Super Lawyer®: Steve Hensen was recognized in the 2008 edition of Law & Politics as a Colorado Super Lawyer®. Steve was also recognized in the 2007 edition.
Developer wins at the Court of Appeals: In September 2008, the Colorado Court of Appeals issued an opinion in favor of Mike Decker's clients, a group of developers and the individual owner of a development company. The Court of Appeals upheld an award of attorney fees to Mike's clients. The trial court judge awarded the attorney fees after the claims made against Mike's clients were dismissed during the course of a multi-week trial.
All claims against clients dismissed: Mike Decker and Greg Lindsay represented a real estate broker and company who were involved with the sale of a hotel. After more than five years of litigation, a motion to dismiss filed by Mike and Greg was granted. All claims against their clients were dismissed by the trial court judge.
Real estate broker prevails on all claims: Mike Decker and Greg Lindsay represented a real estate broker and his parent company in a suit brought by the purchaser of a commercial property. Summary judgment was entered in favor of Mike and Greg's clients on all claims by the trial court. In August 2008, the Colorado Court of Appeals affirmed the trial court and held that Mike and Greg's clients were entitled to judgment on all claims.
Defense verdict for pulmonary-critical care physician: Amy Cook-Olson obtained a defense verdict in July 2008 for a pulmonary critical care physician in Denver District Court. The case involved the death of a 24-year-old woman from a pulmonary embolism following complications of a gastric bypass surgery.
Defense verdict for heart surgeon: In March 2008, Amy Cook-Olson obtained a defense verdict for a prominent Denver heart surgeon in Denver District Court. The jury deliberated for only ten minutes before returning the verdict in favor of Amy's client. The case involved claims of post-operative complications following a mitral valve repair.
Dismissal of class action lawsuit: In July 2008, Todd Drake and Amy Cook-Olson obtained a dismissal of a class action suit filed in Denver District Court against a class of independent medical examiner physicians. Claims against an individual physician were also dismissed. Attorney fees and costs were awarded to Todd and Amy's clients.
Successful trial for general contractor: In October 2007, Dan Murphy and Mike Decker went to trial and represented a general contractor in Eagle, Colorado. The owners of a condominium unit alleged that toxic mold had formed in their unit due to construction defects. After a two-week trial, the jury returned a defense verdict in favor of Dan and Mike's client on all claims.
Defense verdict for general contractor: In September 2007, Mike Decker and Greg Lindsay defended a general contractor and two of its employees in a construction defect action brought against them by the owner of a single-family home. After a two-week trial, the jury returned a defense verdict in favor of Mike and Greg's clients on all claims.
Victory for general contractor: Dan Murphy and Mike Decker represented a general contractor who had been sued by the owner of a commercial office building. The owner alleged negligence in the construction of the exterior concrete panels for the building. The trial court judge granted summary judgment in favor of Dan and Mike's client on all claims. In September 2007, the Colorado Court of Appeals affirmed the summary judgment in favor of Dan and Mike's client.
Successful appeal in toxic tort case: In August 2007, Steve Hensen and Todd Drake successfully defended an appeal in a highly contested toxic tort case. The Court of Appeals affirmed the jury verdict in favor of Steve and Todd's client in this multi-million dollar case.
Successful defense of wrongful termination claim: In May 2007, the Colorado Court of Appeals affirmed the trial court's summary judgment in favor of a supervisor represented by Amy Cook-Olson. The supervisor was accused of discrimination in a wrongful termination claim. The court found that the termination was justified, and Amy's client prevailed on all claims.
Victory at the Supreme Court: In May 2007, Todd Drake prevailed in an original proceeding before the Supreme Court of Colorado. Todd successfully argued that consulting physicians were exempt from the doctor/patient privilege and that they could therefore be interviewed by litigation counsel defending a claim against a treating physician.
Firm attorneys contribute to book series on Colorado construction law: In July 2007, Dan Murphy, Mike Decker, and Greg Lindsay each authored a section of The Practitioner's Guide to Colorado Construction Law. The revised series is published by Continuing Legal Education of Colorado.
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