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Jury Verdict Finding No Liability on our Roofing Subcontractor

This El Paso County case involved claims of negligence and negligence per se (which the Court dismissed as matter of law)surrounding the replacement of a hail-damaged horse arena roof. Plaintiff sued both the general contractor and our client, a roofing subcontractor. The general contractor ordered another subcontractor to undo our subcontractor client’s work as it was being completed because plaintiff "didn’t like it," and then arranged for an entirely new and different second roof which our client was not involved in installing (and which the plaintiff also did not like). On behalf of our client subcontractor, we argued (1) that our client was not negligent in their work and (2) that, regardless, the other subcontractor’s work was an intervening cause, thus relieving our client of any possible liability relating to the second roof. Plaintiff claimed that our client’s "defective work" on the first roof somehow contributed to the poor installation of the second roof, and her counsel asked the jury to apportion negligence "50/50" between our client and the contractor. The jury found that we proved our subcontractor client’s work was not done negligently, and rather attributed 100% negligence on the general contractor. Our Bill of Costs against the plaintiff was filed shortly after the verdict based on the defense verdict in favor of our client.