Dementas Case Brief

Name:

Geringer, v. Wildhorn Ranch, Inc., 706 F.Supp. 1442 D.Colo. 1988. December 14, 1988.

Procedural History:

This case was brought to court on action of the defendants for decision notwithstanding the verdict, for a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for revised judgment (Geringer, v. Wildhorn Ranch, Inc., p.4). On September 28th, 1988, the jury revised a verdict against defendants, as an outcome of the injuries that resulted from a boat accident at the Wildhorn Ranch (Geringer, v. Wildhorn Ranch, Inc., p.4). The court made a revised judgment after considering the many issues rose in defendants’ post-trial motions prior and throughout the trial (Geringer, v. Wildhorn Ranch, Inc., p.4). The court also reviewed the defendants’ actions both individually and collectively, concluding that there is no need for a new judgment nor an amended one, and the jury’s verdict is supported by evidence (Geringer, v. Wildhorn Ranch, Inc., p.4).

Facts:

Mr. Watters, the defendant, was the original owner of the resort, but he claimed that the ownership was transferred over to Wildhorn Ranch Inc. (Geringer, v. Wildhorn Ranch, Inc., p.4). Included in the claim was the current position of Mr. Watters as a management consultant to the time-share department of the association of homeowners (HOA) (Geringer, v. Wildhorn Ranch, Inc., p.4). The board initial board of directors included Mr. Watters, his wife Doris, and his son Davis (Geringer, v. Wildhorn Ranch, Inc., p.4). The other defendant, Les Bretske, was a contractor offering construction and repair services to the HOA as well as to the resort (Geringer, v. Wildhorn Ranch, Inc., p.4). From evidence presented at trial, it was concluded that Bretzke was considerably involved in the operations of the Resort by attending management meetings and running the supervision of the Resort’s employees (Geringer, v. Wildhorn Ranch, Inc., p.4). Bretzke was in control of boat reparis, while Mr....