Successfully represented the landlord of the Park City ski terrain in terminating the lease of PCMR, bringing about Vail’s arrival in Utah at both Park City and Canyons. Over 2000 acres of the prime ski terrain of Park City Mountain Resort were used under a long term lease with 20 year options. The tenant failed to exercise as required by the lease but argued this should not result in a such a catastrophic loss because of its investment in the property and long term interests. In the midst of the litigation, the landlord made a high-profile deal with Vail Resorts which brought Vail to Utah to operate Canyons and potentially Park City as well. After rulings favorable to the landlord, the case was resolved through Vail Resort’s acquisition of the rest of PCMR.
Obtained $54 million jury verdict for ski resort company against land owner who obstructed development rights. After the ski resort company invested many millions in building up Canyons ski resort to enhance its development rights, the owner and landlord of the property attempted to terminate the lease and assume the development rights for itself. After six years of legal maneuvering and seven weeks of trial, the jury ruled that landlord owed the ski resort company $54 million in damages, plus $6 million in attorney fees and court costs. This was one of the largest jury verdicts ever awarded in the State.
Obtained a defense jury verdict for a product manufacturer in a double fatality carbon monoxide poisoning cases. A young girl and her uncle were camping with other friends and family. They used a propane radiant heater and a propane lantern in their tent to stay warm. In the morning, they were found dead due to carbon monoxide poisoning. The family sued the maker of the heater and lantern, claiming that the products were defectively designed and had inadequate warnings. Mr. Lund and the rest of the defense team persuaded the jury that the products were reasonably safe and the jury ruled in favor of the product manufacturer.
Obtained a defense jury verdict for a product manufacturer in a catastrophic wheel-off case. A 40 year old hospital administrator and his family were driving down the interstate when a set of dual wheels came loose from a tractor-trailer rig and crashed into their windshield. The man died in front of his wife and children who, after recovering from the owner and operator of the tractor trailer rig, made claims against the maker of the axle nut on the rig, alleging that its defective design was the cause of the accident. Mr. Lund and the rest of his team convinced the jury to reject those claims and return their verdict in favor of the product manufacturer.