Settlements and Jury Verdicts
Sheila and James D. v. Donald P. and CFS, Ltd.
While on vacation, our clients’ vehicle was struck from behind by an eighteen-wheeler truck. The driver of the eighteen-wheeler chose to hit our clients’ stopped vehicle instead of “spilling his load.” Discovery revealed insufficient safety training and supervision on part of the driver’s employer. A claim was brought against the company for negligent hiring and supervision. The young couple sustained injuries to their necks and shoulder resulting in surgeries. Mr. D. was a veterinary student who also had a wage loss claim against the trucking company due to his inability to work with large animals because of the injuries he sustained.
Ken P. v. Matson, Discount Truck and State of Colorado
A 21 year-old male drove through a repaving construction zone where highway lanes were not marked clearly. He narrowly missed a rental truck that was stopped and was partially blocking the right-hand travel lane on I-25 with its lights off (due to a known electrical malfunction). A Colorado State Patrol officer made contact with the driver of the rental truck (Matson) prior to the collision but did not place flares or reflective triangles. As our client swerved to miss the stopped, unmarked vehicle his vehicle flipped into the median causing him to become a paraplegic. He could no longer work or support his daughter.
Heather T. v. Tipton and CRST Van Expedited, Inc.
Heather was driving on I-25 when she was clipped by an eighteen-wheeler and forced off the roadway into the center median. She sustained a serious injury to her spine resulting in a lumbar disc replacement. Our firm rejected a $300,000 settlement offer and proceeded to trial. The jury rendered a $2.7 million dollar verdict. The verdict was affirmed by a unanimous panel of the Colorado Court of Appeals.
Kathryn K. v. XYZ Oil Company
Our client, a 47-year-old woman suffered a serious leg injury requiring multiple surgeries including amputation of her toe as a result of an oil truck turning in front of her vehicle. The driver of the oil truck had recently been fired by another trucking company, and the defendant oil company hired the truck driver even though his record revealed two prior collisions and several traffic infractions.
Daryn G. v. Michael L.
This 46 year-old man was riding his motorcycle when a van took his right-of-way. After the collision Mr. G. had a documented traumatic brain injury which interfered with his personal life and with his job as a computer systems operator. A wage loss claim was involved.
Tami W. v. Burman
A 32 year-old woman sustained neck and mid-back injuries necessitating surgery on an area where she had an asymptomatic hemangioma (spinal tumor). She was unable to continue her Ph.D. program and could not sustain full-time employment. Although the defendant admitted liability, he disputed the extent of our client’s claimed injuries and claimed those injuries were pre-existing. The case proceeded to jury trial.
Jason M. v. Johnson
While on his way to work, the vehicle of this 21 year-old client was stuck head on. He sustained multiple internal injuries including a lacerated liver. Liability was contested due to a faulty shoulder on the road that was the responsibility of a non-party.
Jacque A. v. XYZ Insurance Company
A school teacher’s vehicle was struck in the rear and our client sustained mild traumatic brain and neck injuries. She was unable to return to teaching.
Eric B. v. George H.
Our client, a 46 year-old man and owner of a roofing business was traveling 55 mph at night when he struck a runaway horse. The horse got out of his stall due to the negligence of the defendant who boarded the animals. Horses frequently escaped the gated pen where improper locks were knowingly installed. Our client was unable to return to his roofing work due to a rotator cuff injury that required surgery.
Khantaly L. v. Morrissey
This 41 year-old female was involved in a head-on collision caused by a driver traveling on the wrong side of the road and attempting to pass a bus at night in winter weather conditions. The driver, who had been drinking, lost control. The impact of the collision forced both vehicles down a thirty-foot embankment. Our client sustained neck and low back injuries.
Michael L. v. Martinez-Jay
This tragic collision was caused by a 29-year-old male under the influence of alcohol who ran a stop light and broadsided the vehicle operated by a 63 year-old female music teacher. The force of the impact caused her vehicle to be pushed sideways into two other vehicles on the other side of the intersection. Michael L., our client and the 63 year-old’s son, was a disabled man; he was completely dependent upon his mother for support. Settlement was for the uninsured motorist policy limits.
Erise B. v. Pinkertons’s, Inc.
Our client was working as a savings counselor and was ready to sit in her chair when a Pinkerton guard suddenly pulled the chair from beneath her without her knowledge. She suffered two herniated cervical discs and one herniated lumbar disc. Verdict was for non-economic losses damages. Economic losses were paid by worker’s compensation carrier.
If you have been injured due to the carelessness, negligence, or irresponsible behavior of another individual or organization, you probably have a valid personal injury claim. Most victims suffer some form of loss (be it income, physical, emotional, or other), and our legal system allows just a limited time within which to pursue such a claim. Contact the Malman Law Firm immediately. Because we work on a contingency basis, you don’t have to pay until you have been compensated.