OFFICE: Delta
EMAIL:
TELEPHONE: (303) 296-7300

Mr. Childs is the senior attorney in Childs McCune and was the senior attorney in the predecessor firm from which most of Childs McCune’s Members came, Kennedy Childs, PC. He served as President of Kennedy Childs for seven years starting in 2006. He has over 41 years of experience handling complex litigation and providing counsel to clients in various kinds of businesses and professions.  Kim has the unique attribute of having represented professionals in their licensing, business and malpractice needs for 40 of his 41+ years in practice. He has tried dozens of medical malpractice cases in state and federal courts as well as legal malpractice cases, dental malpractice cases, architectural malpractice cases, insurance bad faith cases, product liability cases and professional licensing trials.

In 2019 Kim began providing mediation services in western Colorado, which fills a significant need for western slope litigators that has not previously been available – a local trial lawyer who has significant experience in complex litigation in virtually all western Colorado jurisdictions.  His knowledge of the judges and juries in western Colorado is extremely valuable in assisting other lawyers and their clients to assess their likelihood of success at trial. Living in a very rural part of western Colorado for 18 years gives him a valuable database from which to gather insight into the mindsets of western Colorado residents/jurors.

In order to provide more efficient services to the firm’s clients in the western half of Colorado, Kim opened a Western Slope office in 2004. The office is in Delta, Colorado, mid-way between Grand Junction and Montrose. The geographical location of this office provides easy access to Grand Junction and the I-70 corridor, the Roaring Fork Valley including Glenwood Springs and Aspen, Gunnison, Montrose, Durango, Telluride, Cortez and the rest of western and southwestern Colorado. For eighteen years the Western Slope office has met the growing regional needs of many of the firm’s clients in western Colorado. Today, Childs McCune represents numerous clients from this office all over western Colorado, including professionals, construction companies, healthcare organizations, small and large employers and governmental entities from the Continental Divide to the western border of Colorado. Mr. Childs is also licensed in Wyoming and Nebraska and is admitted to practice in state and Federal courts in all three states, as well as in the United States Supreme Court.

Faculty & Lectures:

• Presiding Judge, ATLA Student Trial Advocacy Competition, March 1995
• Faculty, Emory University School of Law Trial Techniques Program, May 1993
• Seminar faculty, “Attorney at Risk: Professional Liability” March 15, 1988, Denver, Colorado
• Lecturer to oral surgery residents at Denver General Hospital, 1982-1992, 2995
• Lecturer to St. Paul Insurance Company on bad faith claims, 1987
• Lecturer to Hartford Insurance Company on bad faith claims, 1987
• Lecturer to St. Paul Insurance Company on legal malpractice claims, 1988
• Lecturer to Adams Court Denver Association 9malpractice issues), 1986
• Lecturer to Rose Hospital neonatology interns, 1987
• Lecturer to interns, residents, and nurses in graduate otolaryngology program at University of Colorado Medical School, 1986
• Faculty, Bad Faith Litigation in Colorado, Denver, Colorado, November 1995
• Frequent presenter to medical groups and hospitals on risk management, malpractice avoidance and best practices

Publications:

• The Apportionment of Tort Responsibility, 14 Colo. Law. 741 (May, 1985)

Activities:

• Commissioner, Colorado Supreme Court Judicial Nominating Commission, 2012- 2018
• Delta County Advisory Board member, Hospice & Palliative Care of Western Colorado, 2012-13
• Co-chair Colorado Defense Lawyer’s Association Medical Malpractice Committee, 2012-13
• Volunteer, Delta County Free Legal Services program, 2011-present
• Volunteer at Delta County Health Department assisting with COVID vaccine program, current

Reported Cases:

• Computer Works, Inc. v. CNA Ins. Companies, Colorado Court of Appeals, Div. I. May 12, 1988 757 P.2d 167 1988 WL 71294
• People v. Farry, Supreme Court of Colorado, En Banc. January 16, 1996 909 P.2d 1096 1996 WL 14530
• Kelly v. Mid-Century Ins. Co., Colorado Court of Appeals, Div. II. July 26, 1984 695 P.2d 752
• Western Ins. Co. v. Brochner, Colorado Court of Appeals, Div. III. December 29, 1983 682 P.2d 1213
• People v. Jacobson, Supreme Court of Colorado, En Banc. December 21, 1987 747 P.2d 654 1987 WL 2973
• Brochner v. Western Ins. Co., Supreme Court of Colorado, En Banc. September 02, 1986 724 P.2d 1293 55 USLW 2162
• State of Colo. ex rel. Colorado Judicial Dept. v. Fleming, United States District Court, D. Colorado. December 05, 1989 726 F.Supp. 1216 1989 WL 153021
• Fisher v. United Feature Syndicate, Inc., United States District Court, D. Colorado. March 04, 1999 37 F.Supp.2d 1213 1997 WL 1089791
• Bank of Denver v. Southeastern Capital Group, Inc., United States District Court, D. Colorado. May 09, 1991 763 F.Supp.1552 1991 WL 75390
• Herzfeld v. Parker, United States District Court, D. Colorado. February 02, 1984 100 F.R.D. 770
• Bank of Denver v. Southeastern Capital Group, Inc., United States District Court, D. Colorado. March 20, 1992 789 F.Supp. 1092 1992 WL 59024
• Miami Intern. Realty Co. v. Paynter, United States Court of Appeals, Tenth Circuit. March 02, 1988 841 F.2d 348 1988 WL 16061
• Miami Intern. Realty Co. v. Paynter, United States Court of Appeals, Tenth Circuit. December 19, 1986 807 F.2d 871 6 Fed.R.Serv.3d 608
• Borroel v. Lakeshore, Inc., United States District Court, D. Colorado. September 24, 1985 618 F.Supp. 354
• Ledstrom By and Through Ledstrom v. Keeling, United States District Court, D. Colorado. July 27, 1998 10 F.Supp.2d 1195 1998 WL 437415
• Lovell v. Miller, United States District Court, D. Colorado. March 07, 2012 Not Reported in F.Supp.2d 2012 WL 764454
• Etter v. Bibby, United States District Court, D. Colorado. November 02, 2011 Not Reported in F.Supp.2d 2011 WL 5216855
• Bank of Denver v. Southeastern Capital Group, Inc., United States District Court, D. Colorado. August 20, 1991 770 F.Supp. 595 1991 WL 162973
• Lovell v. Miller, United States District Court, D. Colorado. September 12, 2012 Not Reported in F.Supp.2d 2012 WL 4005845
• Niles v. Rodman, United States District Court, D. Colorado. September 10, 2015 Slip Copy 2015 WL 5258852
• Etter v. Bibby, United States District Court, D. Colorado. April 27, 2012 Not Reported in F.Supp.2d 2012 WL 1461334
• Herrera v. Gunnison Valley Family Physicians, LLC, United States District Court, D. Colorado. February 24, 2004 Not Reported in F.Supp.2d 2004 WL 3493691

Personal

Kim enjoys hunting, fly fishing, skiing, hiking, rafting and otherwise enjoying the beautiful areas of western Colorado where he is fortunate enough to live.  He and his wife travel extensively and have scuba dived all over the world.  He is an avid soccer fan and played soccer in college and law school for many years

Diversity, Equity, & Inclusion