Joseph R. Kummer

Partner

jkummer@jpk.law

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303-863-7700

Joseph Kummer is an active civil litigator who handles a wide range of cases including business litigation, real estate matters, defense of real estate professionals, construction defect matters, homeowner’s association disputes, employment matters, premises liability claims, commercial leasing and tenant litigation, American with Disabilities Act claims, and motor vehicle accidents. Mr. Kummer represents many small businesses, including real estate brokerages, restaurants and bars, contractors, insurance agencies, dental professionals, retail stores, trucking companies, trash removal companies, landlords, property management companies, in both getting started, advising on day-to-day and in litigation. Mr. Kummer regularly counsels real estate agents and their clients on all aspects of real estate transactions.

Mr. Kummer has tried both jury and bench trials involving real estate, personal injury, breach of contract, homeowner’s associations, bus and automobile accidents, premises liability and arbitrations involving construction defects. Mr. Kummer has successfully resolved numerous cases prior to trial through motions practice and effective settlement negotiations.

Mr. Kummer also represents a wide variety of commercial clients in the negotiation of a broad range of transactional matters, including real estate matters, business entity selection and formation, preparation of operating agreements and by-laws for limited liability companies and closely-held corporations, corporate resolutions and amendments to company documents, construction/design contracts, residential and commercial leases on behalf of landlords and tenants, non-disclosure and confidentiality agreements, asset purchase agreements, stock purchase agreements, and a wide range of vendor service contracts. Mr. Kummer regularly Mr. Kummer advises clients on strategic organizational and operational considerations, risk assessment and risk minimization.

Areas of Practice

Mr. Kummer’s successes include:

Obtaining a jury trial defense verdict in favor of a landscaping company involved in a side swipe accident in which Plaintiff sought $12 million in damages and claimed the motor vehicle accident caused her to suffer from non-epileptic seizures.

Obtaining a judgment for specific performance in arbitration on behalf of homeowners where builder attempted to increase fixed price new build contractor.

Obtaining a bench trial verdict in favor of a homeowner’s association and its board members in which a homeowner challenged the validity of elections and sued the individual board members for defamation.

Obtaining a ruling from the Colorado Court of Appeals upholding the trial court’s dismissal of Plaintiff’s personal injury case for failure to prosecute.

Obtaining a bench trial verdict in Denver District Court in favor of a homeowner’s association where its property management company sued the association for wrongful termination and sought percentages of a multi-million hail damage claim.

Obtaining a bench trial verdict in Denver District Court on behalf of a national retailer in a dispute with its landlord.

Obtaining a bench trial verdict in Denver District Court regarding interpretation of a purchase option regarding inclusion of parking spaces and storage unit.

Obtaining a bench trial verdict in Denver District Court in favor of a homeowners’ association where certain homeowners asserted that they were not required to pay monthly and special assessments when they disagreed with the decisions of the Association Board. The Court found in favor of the homeowner’s association, awarded past due assessments, and awarded attorney’s fees and costs to the Association.

Obtaining numerous findings of “no cause” before the Real Estate Commission in defense of real estate agents and property managers.

Obtaining numerous findings of “no cause” on behalf of employers before the Colorado Civil Rights Division regarding claims of discrimination in the workplace, community interest communities, and apartment buildings.

Obtaining a trial verdict in Denver District Court regarding in a product liability case in which the Court determined that the installation of the product was not in compliance with the manufacturer’s specifications.

Obtaining summary judgment on behalf of a national restaurant chain in a premises liability claim based on a french fry left on the floor. The court ruled that the restaurant did not have sufficient notice of the potato on its floor prior to the patron’s fall.

Obtaining summary judgment in Alamosa County District Court on behalf of a homeowner’s association where a homeowner demanded that the Association provide water for his horses because the Association Covenants permitted the keeping of horses on property. The Court ruled that the homeowner’s association had no duty to provide water to homeowners merely because it permitted the keeping of horses.

Obtaining summary judgment in Saguache County District Court on behalf of a homeowner in which a neighboring homeowner asserted claims of trespass and nuisance in the construction of a home.

Obtaining summary judgment in Arapahoe County District Court on behalf of a homeowner’s association in which Plaintiff demanded that the Association repair her roof and also asserted claims of defamation and extreme and outrageous conduct.

Mr. Kummer earned his Juris Doctorate degree in 2006 from Marquette University Law School, where he was recognized as a St. Thomas More Scholar and was a member of the Marquette University Sports Law Review. While attending law school, Mr. Kummer served as a judicial intern for Justice Jon Wilcox of the Wisconsin Supreme Court. Mr. Kummer received his Bachelor of Science degree in Finance from Truman State University while playing varsity football for the Bulldogs. Prior to relocating to Colorado, Mr. Kummer was an Associate Attorney at Hurtado, S.C. where he focused his practice on construction defect litigation.

Mr. Kummer is a member of the American, Colorado and Denver Bar Associations as well as the Colorado Defense Lawyers Association. Mr. Kummer enjoys hiking, skiing, and golfing.