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ROGERS v. FOREST CITY STAPLETON, INC.

Court of Appeals Nos. 14CA0063 14CA0797.

411 P.3d 969 (2015)

2015 COA 167M

Tad S. ROGERS, Plaintiff-Appellee and Cross-Appellant, v. FOREST CITY STAPLETON, INC., and FC Stapleton II, LLC, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. VI.

As Modified December 17, 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; Senter Coldfarb & Rice, L.L.C., John D. Hayes , Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

¶ 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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