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VIKELL INV. PAC., INC. v. KIP HAMPDEN, LTD.

No. 96CA0636.

946 P.2d 589 (1997)

VIKELL INVESTORS PACIFIC, INC., a New York Corporation, Plaintiff-Appellant, v. KIP HAMPDEN, LTD., a Colorado Limited Partnership, Lincoln DeVore, Inc., and George Morris, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

September 18, 1997.

Attorney(s) appearing for the Case

Sparks Dix, P.C., R. Kenneth Sparks, Colorado Springs, Petrie, Bauer & Vriesman, LLP, Andrew J. Petrie, Todd L. Vriesman, Susan N. Mickus, Denver, for Plaintiff-Appellant.

White & Steele, P.C., John M. Lebsack, Robert R. Carlson, Denver, for Defendant-Appellee Kip Hampden, Ltd., a Colorado Limited Partnership.

Strand, Meadows, and Webb, William G. Webb, Colorado Springs, for Defendants-Appellees Lincoln DeVore, Inc. and George Morris.

Opinion by Judge DAVIDSON.

Plaintiff, Vikell Investors Pacific, Inc., (Vikell) appeals from a judgment entered on a jury verdict finding defendant Kip Hampden, Ltd., (Kip Hampden) not liable for the subsidence of real property owned by Vikell. Vikell also appeals from a directed verdict by the trial court dismissing its claim against defendants George Morris and his company, Lincoln DeVore, Inc., (collectively Morris) for breach of fiduciary duty. We affirm.

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