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ROGERS v. FOREST CITY STAPLETON, INC.

No. 14CA0063.

2015 COA 167

Tad S. Rogers, Plaintiff-Appellee and Cross-Appellant, v. Forest City Stapleton, Inc., and FC Stapleton II, LLC, Defendants-Appellants and Cross-Appellees.

Court of Appeals of Colorado, Division VI.

Announced November 19, 2015.

Attorney(s) appearing for the Case

Hamilton Faatz, PC, Clyde A. Faatz, Jr. , Andrew C. Iverson , Greenwood Village, Colorado, for Plaintiff-Appellee and Cross-Appellant

Brownstein Hyatt Farber Schreck, LLP, Hubert A. Farbes, Jr. , Jonathan G. Pray , Kathryn A. Barrett , Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

Opinion by JUDGE ASHBY, Furman, J., concurs in part and dissents in part, Booras, J., concurs in part and dissents in part.

¶ 1 Defendants, Forest City Stapleton, Inc., and FC Stapleton II, LLC (collectively Forest City), appeal the judgment of liability based on jury verdicts finding that they breached their implied warranty to, and created a nuisance against, plaintiff Tad S. Rogers. We conclude that an implied warranty of suitability can...

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