Opinion
Civil Action No. 11-cv-00555 REB-KLM
12-06-2011
ELLIOT B. MAISEL, Plaintiff, v. ERICKSON CONSTRUCTION, INC., a Colorado corporation, RICKIE DEAN ERICKSON, individually, CHARLES L. CUNNIFFE, individually, d/b/a CHARLES CUNNIFFE & ASSOC, ARCHITECTS, ALPINE HEATING AND SHEET METAL, INC., a Colorado corporation, COG PLUMBING & HEATING, INC., a Colorado corporation, FRONTIER ENTERPRISES, LTD. d/b/a FRONTIER STRUCTURES, INC., a Colorado corporation, PEAK SERVICE AND RENOVATION INC. d/b/a PEAK MECHANICAL SERVICES, INC., a Colorado corporation, THE LOG CONNECTION, INC., a Colorado corporation, TINMAN ROOFING AND HOME IMPROVEMENTS, INC., a Colorado corporation, Defendants. ERICKSON CONSTRUCTION, INC., a Colorado corporation, RICKIE DEAN ERICKSON, individually, Cross-Claimants/Third-Party Plaintiffs. CHARLES L. CUNNIFFE, individually, d/b/a CHARLES CUNNIFFE & ASSOC, ARCHITECTS, PEAK SERVICE AND RENOVATION INC. d/b/a PEAK MECHANICAL SERVICES, INC., a Colorado corporation, THE LOG CONNECTION, INC., a Colorado corporation, DAVID JOHNS, individually, d/b/a JOHNS CONSTRUCTION, CROSS SEVEN, INC., a Colorado corporation, LOGARYTHMS, INC., a Colorado corporation, STEAMBOAT LANDSCAPING, INC. d/b/a MOUNTAIN WEST ENVIRONMENTS, INC., a Colorado corporation, TBW, INC., a Colorado corporation, Cross-Claim Defendants/Third-Party Defendants.
ORDER GRANTING PLAINTIFF'S MOTION FOR DISMISSAL
OF THE NEGLIGENCE CLAIM AGAINST DEFENDANT,
CHARLES L. CUNNIFFE, WITHOUT PREJUDICE
Blackburn, J.
The matter is before me is Plaintiff's Motion for Dismissal of the Negligence Claim Against Defendant Cunniffe Without Prejudice [#89], filed August 15, 2011. Although defendant, Erickson Construction, Inc., ostensibly objected to the motion, it has not file a response or otherwise attempted to substantiate or formalize its objection.
Having reviewed the motion, the record, and the applicable law, I conclude that the motion should be granted and plaintiff's claim of negligence asserted against defendant, Charles L. Cunniffe, individually, d/b/a Charles Cunniffe & Assoc, Architects, should be dismissed without prejudice. Plaintiff's other claims against Cunniffe, for breach of contract, vicarious liability, and respondeat superior, are unaffected by this Order.
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff's Motion for Dismissal of the Negligence Claim Against Defendant Cunniffe Without Prejudice [#89], filed August 15, 2011, is GRANTED; and,
2. That plaintiff's claim for negligence against defendant, Charles L. Cunniffe, individually, d/b/a Charles Cunniffe & Assoc, Architects, is DISMISSED WITHOUT PREJUDICE.
Dated December 6, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge