HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 040 - C&L Water Solutions Answer To Sunbelt's Counter-Claim
29200100.1:11772-0041
DISTRICT COURT, LARIMER COUNTY,
COLORADO
201 La Porte Ave, Suite 100
Ft. Collins, CO 80521
Plaintiff:
CHRISTIAN HIGGINS,
v.
Defendants:
CITY OF FORT COLLINS; C&L WATER SOLUTIONS,
INC.; SUNBELT RENTALS, INC.; KODIAK FIELD
SERVICES, LLC; AND BCH SERVICES, LLC
Cross-Claim Plaintiffs:
C & L WATER SOLUTIONS, INC; SUNBELT
RENTALS, INC.
v.
Cross-Claim Defendants:
SUNBELT RENTALS, INC.; C & L WATER
SOLUTIONS, INC;
Attorneys for C&L Water Solutions, Inc.
Jason H. Klein, Reg. No. 53303
Tamara C. Jordan, Reg. No. 52061
Susan E. Malcolm, Reg. No. 52612
Wood, Smith, Henning & Berman LLP
1805 Shea Center Drive, Suite 200
Highlands Ranch, Colorado 80129
Phone: 720-479-2500
Fax: 303-471-1855
E-mail: jklein@wshblaw.com
tjordan@wshblaw.com
smalcolm@wshblaw.com
▲ COURT USE ONLY ▲
Case No. 2023CV30276
Division: 4C
CROSS-CLAIM DEFENDANT C&L WATER SOLUTIONS, INC.'S ANSWER TO
CROSS-CLAIM PLAINTIFF SUNBELT RENTALS, INC.'S COUNTER-CLAIM
DATE FILED: August 18, 2023 10:38 AM
FILING ID: C1B6F9B748A93
CASE NUMBER: 2023CV30276
29200100.1:11772-0041 2
Cross-Claim Defendant C&L Water Solutions, Inc. ("C&L"), by and through its attorneys,
Wood, Smith, Henning & Berman LLP, and as for its Answer to Cross-Claim Plaintiff Sunbelt
Rentals, Inc.'s Counter-Claim states as follows:
IV. PARTIES
1. Without knowledge and therefore, denied.
2. Admitted.
V. JURISDICTION AND VENUE
3. C&L does not dispute venue at this time, however, reserves the right to so dispute
should information be obtained during discovery indicating that venue is improper.
4. C&L does not dispute jurisdiction at this time, however, reserves the right to so
dispute should information be obtained during discovery indicating that jurisdiction is improper.
VI. GENERAL ALLEGATIONS
5. Admitted.
6. Admitted that C&L worked with the City pursuant to the Services Agreement dated
October 30, 2019. To the extent the allegations herein are an incorrect recitation of that agreement,
C&L denies the allegations.
7. Admitted that C&L worked with the City pursuant to the Services Agreement dated
October 30, 2019. To the extent the allegations herein are an incorrect recitation of that agreement,
C&L denies the allegations.
8. Admitted that C&L worked with the City pursuant to the Services Agreement dated
October 30, 2019. To the extent the allegations herein are an incorrect recitation of that agreement,
C&L denies the allegations.
9. Admitted.
10. Denied.
11. Denied.
12. Without knowledge and therefore, denied.
13. Without knowledge and therefore, denied.
14. Without knowledge and therefore, denied.
29200100.1:11772-0041 3
15. Without knowledge and therefore, denied.
16. Denied.
17. Denied.
18. Denied.
19. Without knowledge, therefore denied.
20. Denied.
VII. FIRST CLAIM FOR RELIEF
(Breach of Contract)
21. C&L hereby incorporates its responses to the above paragraphs of Counter-Claim
as if fully restated herein.
22. The allegations in this paragraph are not directed to C&L. To the extent the
allegations are deemed to be directed to C&L, C&L denies same.
23. Admitted.
24. Denied.
25. Denied.
26. Denied.
27. Denied.
28, Denied.
29. Denied.
30. Denied.
VIII. SECOND CLAIM FOR RELIEF
(Negligence)
31. C&L hereby incorporates its responses to the above paragraphs of Counter-Claim
as if fully restated herein.
32. Denied.
33. Denied.
29200100.1:11772-0041 4
34. Denied.
35. Denied.
36. Denied.
IX. THIRD CLAIM FOR RELIEF
(Contribution Pursuant to C.R.C. § 13-50.1-101 et seq.)
37. C&L hereby incorporates its responses to the above paragraphs of Counter-Claim
as if fully restated herein.
38. Without knowledge, therefore denied.
39. Denied.
40. Denied.
WHEREFORE CLAUSE - PRAYER FOR RELIEF
C&L denies all allegations contained in the Counter-Claim's "Wherefore" or “Prayer for
Relief” clause.
GENERAL DENIAL
C&L denies all allegations contained in Cross-Claim Plaintiff's Counter-Claim not
expressly admitted herein.
AFFIRMATIVE DEFENSES
1. Cross-Claim Plaintiff’s claims are barred by a failure to state a claim upon which
relief can be granted.
2. Cross-Claim Plaintiff’s claims are barred by the doctrine of comparative negligence
pursuant to C.R.S. § 13-21-111.
3. Cross-Claims Plaintiff's alleged damages, if any, and C&L's liability, if any, must
be determined in accordance with sections 13-21-102.5 (limitations on damages for non-economic
loss or injury), 13-21-111 (comparative negligence as a measure of damages), 13-21-111.5 (pro-
rata liability of defendants), 13-21-111.6 (collateral sources), and 13-21-111.7 (assumption of risk)
of the Colorado Revised Statutes.
4. Cross-Claim Plaintiff’s claims are barred by the doctrine of contributory
negligence.
29200100.1:11772-0041 5
5. Cross-Claim Plaintiff’s claims are barred by the doctrine of waiver.
6. Cross-Claim Plaintiff’s claims are barred by the doctrine of estoppel.
7. Cross-Claim Plaintiff’s claims are barred entirely by the fact its own negligence in
unilaterally placing the hose across the subject road – against the express direction of C&L and
without any authority or permission from any entity, including C&L – directly caused any and all
of the alleged damages Plaintiff is seeking in this matter.
RESERVATION OF DEFENSES
C&L reserves the right to assert and amend defenses as discovery and investigation in
this matter is accomplished, including by amending the Answer to add, delete, and/or modify
affirmative defenses. C&L does not waive any applicable defenses.
JURY DEMAND
C&L demands a jury trial on all issues so triable.
Respectfully submitted this 18th day of August, 2023.
WOOD, SMITH, HENNING & BERMAN LLP
/s/ Susan E. Malcolm
Jason H. Klein
Tamara C. Jordan
Susan E. Malcolm
29200100.1:11772-0041 6
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of August, 2023, a true and correct copy of the
CROSS-CLAIM DEFENDANT C&L WATER SOLUTIONS, INC.'S ANSWER TO
CROSS-CLAIM PLAINTIFF SUNBELT RENTALS, INC.'S COUNTER-CLAIM was e-
filed and/or e-served via Colorado Courts E-Filing System on the following parties:
Karl Hager
VanMeveren Law Group, PC
123 N. College Ave., #112
Fort Collins, CO 80524
Attorneys for Plaintiff
Arthur J. Kutzer
SGR, LLC
3900 E. Mexico Ave., #700
Denver, CO 80210
Attorneys for Defendant BCH Services, LLC
Scott A. Neckers
Sean T. Conrecode
Overturf McGrath & Hull PC
625 E. 16th Ave., #100
Denver, CO 80203
Attorneys for Defendant Kodiak Field Services
LLC
Jamey W. Jamison
Randee L. Stapp
Dino G. Moncecchi
Harris, Karstaedt, Jamison & Powers, P.C.
10333 E Dry Creek Rd., #300
Englewood, CO 80112
Attorneys for Defendant/Cross-Claim Plaintiff
Sunbelt Rentals, Inc.
Andrew W. Callahan
Cassie L. Williams
WICK & TRAUTWEIN, LLC
323 South College Ave., #3
Fort Collins, CO 80522
Attorneys for City of Fort Collins
/s/ Joreen Hensley
Joreen Hensley