Ogborn, Summerlin & Ogborn, LLC

Trial is the act of testing, trying, or putting to the proof. In medieval times, conflicts could be resolved via trial by combat or trial by ordeal. In a trial by combat, the parties (or their representatives) would fight a judicially sanctioned duel. The winner of the duel was also the winner of the dispute. In a trial by ordeal, the subject was made to endure some physical test (such as removing a rock from a pot of boiling water). An impartial observer would then examine the subject to determine whether God had protected him or her from injury.

As a society, we have thankfully left these concepts to history. We now try cases based on fact and law. Trial is the ultimate goal if resolution of disputes cannot be achieved earlier by settlement. In today's world, however, the quest for trial is difficult and the process is frustrating.

Five years ago, we lost a case during the preliminary stages of litigation. It was a good case. Our client was a young woman, paralyzed by a drunk driver in 1999. His insurance company had a legal obligation to reach out to her to protect him, and to help her deal with an ever-growing pile of hospital bills. The insurance company did nothing for over 18 months. In the end, the driver took matters into his own hands, and settled his case with the woman he had hurt. He was a teenager, and he did not own anything of value, but his insurer had abandoned him. The settlement involved a large judgment against him, which he "paid" by giving our client his right to sue his insurance company. In exchange, our client promised not to execute on the judgment, which would have destroyed his future. This kind of deal (or one very much like it) had been approved by our Supreme Court in 1975.

Five years ago, due to a little known case, a district court judge decided that the settlement in this case was invalid. Though he was uncomfortable with the idea, he let the insurance company off the hook before we ever got to try the case. We appealed that ruling to the Colorado Court of Appeals. Despite newer case law that supported our position, the appeals court affirmed the trial court. Last year, we took the case to the Supreme Court of Colorado. I will never forget how honored I felt to be arguing our client's case to that Court. At the end of last November, we got the Supreme Court's ruling. We won.

While the past five years have been an ordeal for our client, perseverance paid off. She will now be allowed to have her day in court with a trial to a jury of her peers. Our justice system is not perfect. It can be slow. It can be unfair. It can even be wrong. But unlike the medieval justice system, it does allow for second chances. And it can, and does, eventually get the right result.

We are trial lawyers. We represent both plaintiffs and defendants in civil cases. We have tried hundreds of cases in jurisdictions all over the country in state and federal courts. The courtroom is our natural habitat, but we will not take you there unless your case should be tried. If there is a better remedy, whether mediation, negotiation, arbitration or some other form of alternative dispute resolution, we will let you know. Please call us today at (303) 861-7472.