DENVER (June 24, 2021)—The Evolution Dog Wash Company, LLC, and owner Gary Sherman have been awarded a total of $922,995 in actual and punitive damages on claims of fraudulent inducement against Matthew Ogden. Sherman was represented by trial lawyers Henry Baskerville and David Olsky, partners at leading Denver-based law firm Fortis Law Partners. The jury also dismissed all counterclaims mounted by Ogden against Sherman and The Evolution Dog Wash Company.
The nearly $1 million verdict was awarded after Ogden was found liable for fraudulently inducing Sherman into selling Evolution Dog Wash’s most valuable assets for $10,000 on the basis of false representations. These included promises that Ogden’s company, Applewood, would assume and refinance Evolution’s debt and remove Sherman as a personal guarantor, appoint Sherman president of the new company and give him a minimum 25% ownership interest, and provide Sherman with a $20,000 per month salary as well as commissions on sales of all dog washes.
Retained shortly before the case went to trial, Fortis Law Partners stepped in and successfully navigated a six-day jury trial during the COVID-19 pandemic, with multiple claims by and against their client.
“When we met Gary, he needed a sophisticated counsel who could step in at the last minute when the stakes were his very livelihood,” said David Olsky, partner at Fortis Law Partners. “The key takeaway from this verdict and the significant monetary damages awarded is that there is hope. Clients can obtain redress if they fall prey to deceptive and fraudulent practices, even if they have signed a legal document as Gary had. Fraud is fraud.”
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Fortis Law Partners offers broad expertise to help clients achieve effective legal solutions, from the simplest matters to the most challenging business problems. Whether a successful outcome means winning at trial, dismissing a lawsuit, negotiating a settlement, closing a transaction, or just getting thoughtful legal advice, Fortis lawyers get results. Our business-minded problem-solving approach, coupled with a persistent dedication to client service, enables us to create unmatched value. Practices include Commercial Litigation, Corporate / Securities / M&A; Employment Law; Tax; Compliance Programs and Internal Investigations; and Real Estate & Development. For more information, visit FortisLawPartners.com. Continue the conversation on LinkedIn and Facebook.