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Favorable Ruling – Motion to Dismiss – Premises Liability

April 2024

Jim Meseck and Morgan Nance recently achieved a favorable outcome by securing a motion to dismiss in a premises liability case. Their clients were a listing agent and agency hired by homeowners looking to sell their property. The plaintiff, also a real estate agent, sued the agent and agency after she claimed to have slipped and fallen on ice in the driveway while showing the house to potential buyers. Jim and Morgan argued successfully that their clients were not landowners as defined by the Colorado Premises Liability Act, section 13-21-115, C.R.S. 2017. The court also ruled that the agent and agency did not bear a duty of care under common law negligence principles. The court agreed with Jim and Morgan’s analysis and held that the plaintiff did not state a plausible claim for relief and granted the motion to dismiss. This is a significant victory for real estate agents in Colorado.

Learn more about attorneys Jim Meseck and Morgan Nance.

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