The judge never even considered the other legal causes of action. I never got my day in court.
The Motion for Summary Judgment, then, was decided in favor of the HOA. The strategy of the HOA's attorney was to "prove" that I wasn't disabled at all -- simply factually untrue. They were given piles of medical records -- requested from me -- that more than substantiated everything I had said.
The judge throwing out my case meant that -- in the eyes of the judge -- there were no issues of law or fact that should be decided by a judge or a jury. In law, this is an extremely high bar. There was no way a Motion for Summary Judgment should ever have been granted in our case.
Even the judge-mediator, with whom we met, in Denver (at a court-ordered mediation), said that there was no way this could happen. She said that the case was chock full of issues of fact and law.
I was denied my day in
court.
The judge then awarded the HOA $73,000 in legal fees, in addition to the nearly
$100,000 in fees that I had already spent.
This $73,000 was payable to State Farm Insurance, the policyholder of the HOA's
Officers and Directors' insurance.
This took my life's savings, left me broke, and ... absolutely
stunned.
I was reeling.
Despondent, sick, and without hope of a fair trial, in the court of this judge,
my wife and I settled with the dog-owners.
We had spent everything we had, and my health was still going
downhill.
At this point, my only activities were trips to Denver, to be evaluated by
immunologists, infectious-disease specialists, and ear, nose, and throat
specialists, and to get my monthly IVs.
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