Recent Cases

Types of case: Automobile accident resulting in a claim against the driver who caused the accident, and a claim for underinsured motorist benefits.

Jury Verdict For Our Client: $426,279.48, including interest and costs.

FACTS: On an August afternoon, our client, a young woman, Pat, was injured in an auto accident at the intersection of University Boulevard and Cherry Creek Drive South. Pat was a passenger in a vehicle that was northbound on University Boulevard at a speed of approximately 30 miles per hour. Suddenly, a car traveling south on University Boulevard attempted to make a left turn onto Cherry Creek Drive South. Pat's car "T-boned" the car attempting to make the left turn.

We begun our representation of Pat within two weeks after the accident occurred. We assisted Pat in obtaining payment for all the medical expenses she incurred for the injuries she suffered in the accident. Those injuries included a herniated disc in her cervical spine, which eventually required surgery. We also helped Pat obtain payment of her wages while she was unable to work for approximately one year after the accident occurred.

Our Firm successfully negotiated a settlement of Pat's claims against the driver that made the sudden left turn for the full amount of the insurance he had available, which was $30,000.00. Because Pat's damages were more than $30,000.00, we then filed a Complaint in Denver District Court on behalf of Pat against her insurance company, State Farm, for underinsured motorist benefits.

PLANTIFF'S CONTENTIONS: The Complaint we filed on behalf of Pat requested damages above the $30,000.00 she had already received for pain, suffering, lost wages, future medical expenses, and compensation for Pat's permanent physical impairment as a result of the accident.

DEFENDANT'S CONTENTIONS: State Farm denied that Pat's injuries were caused by the accident, and strongly contested the extent of Pat's damages. State Farm attempted to prove that Pat did not miss any time from work as a result of the accident, claiming that she was not entitled to any compensation at all for her lost wages, or her diminished earning capacity. Furthermore, State Farm claimed that the manufacturer of the car that Pat was traveling in, Honda, was responsible for Pat's injuries due to the alleged failure of her seatbelt.

THE RESULT: Prior to trial, State Farm's final offer to settle the case was $40,000.00. Based on our advice, Pat rejected the offer. After a three-day trial, the jury returned a verdict for Pat, resulting in total judgment, including costs and interest of $416,279.48.

Type of case: Personal Injury - Premises Liability (Burn Incident).

Settlement Amount For Our Client: $900,000.00

FACTS: In September of 2002, the plaintiff, who was 78 years old, and retired, traveled from Los Angeles on vacation to Montrose, Colorado. He was traveling with his wife and two adult children to visit the locale where he was born. The family arrived in Montrose and checked into the defendant's 28-room hotel. On the morning of their departure from the hotel, the plaintiff decided to take a quick shower. While in the shower, plaintiff suffered second and third degree burns over 41% of his body. Prior to the incident, the plaintiff had been diagnosed with Parkinson's and Alzheimer's. The plaintiff had no memory of the incident. The plaintiff's wife and daughter reported the shower was running for less than two minutes, and that he came out of the shower with his skin very red. There were no screams or cries of pain and the plaintiff, at the time of the incident, made no complaint of any pain or discomfort, just simply started getting dressed as though nothing happened.

PLAINTIFF'S CONTENTIONS: The plaintiff contended that the owner of the hotel maintained the hotel in an unsafe and unreasonably dangerous condition. Specifically, that the temperature of the water heater for the hotel's rooms was set at 130 degrees, which was unreasonably dangerous, and sufficient to scald the elderly plaintiff. The plaintiff sought damages for his burns and scarring.

DEFENDANT'S CONTENTIONS: The defendant denied liability, and argued that the temperature setting of the water heater at 130 degrees was not a dangerous condition. The defendant claimed that the plaintiff was at fault for improperly turning the shower faucet temperature at or near its hottest setting, and as a result of his Alzheimer's and Parkinson's, was unaware of the hot water, and just stood in the hot water for two minutes causing the burns. The defendant argued that the plaintiff, and the plaintiff's family, were responsible for plaintiff's burns and, therefore, defendant had a complete defense to plaintiff's claims under Colorado law. The defendant also asserted that plaintiff's pain and suffering damages were limited by the statutory damage cap in Colorado to $366,250.00, and that plaintiff's economic damages were limited to the actual dollars paid by Medicare for plaintiff's medical expenses in the amount of $283,000.00.

DAMAGES: The plaintiff suffered second and third degree burns over 41% of his body, and requested compensation for pain, suffering, emotional distress, and permanent physical impairment. The defendant argued that under Colorado law, the plaintiff was only able to present and claim actual medical charges paid by Medicare in the amount of $283,000.00, and that the plaintiff's damages for pain and suffering were limited to $366,250.00 under Colorado law.

THE RESULT: Settlement in the amount of $900,000.00.

Type of case: Medical Malpractice - Malpositioned Pedicle Screw During Back Surgery

Jury Verdict For Our Client: $1,272,000.00, plus interest and costs.

TYPE OF CLAIM: Plaintiff had herniated discs in his lower back at L4-5 and L5-S1. In an effort to repair the herniated discs, the defendant, an orthopedic surgeon, performed a two-level lumbar spine fusion, which required the placement of 2 rods using 6 screws. The plaintiff alleged that the defendant negligently performed the lumbar spine fusion, malpositioned a pedicle screw at the L4 level, and failed to acknowledge or diagnose the malpositioned pedicle screw. After the surgery, the plaintiff reported new neurological symptoms indicative of a malpositioned pedicle screw causing root compression. Eventually, the plaintiff sought a second opinion from another orthopedic surgeon approximately eight months after the surgery, who diagnosed the malpositioned screw, and promptly removed it.

DEFENDANT'S CONTENTIONS: Defendant claimed that the neurological symptoms that the plaintiff suffered after the surgery were preexisting, and were not caused by the malpositioned screw at L4 level. The defendant also claimed that the L4 pedicle screw was not malpositioned, and did not contact plaintiff's nerve roots. Defendant disputed the extent of the plaintiff's damages, and alleged that the plaintiff could have continued to work as a stone mason.

INJURIES AND DAMAGES ALLEGED/MICHAEL BROWN: Severe neurological pain, weakness and loss of function in plaintiff's left leg subsequent to spine fusion surgery. Wasting of the muscles in the left calf, with attendant chronic foot drop. The pedicle screw was surgically removed by a physician who provided a second opinion. The plaintiff had a spinal cord stimulator implanted at the Mayo Clinic in December 2005. The plaintiff alleged that he has chronic pain and muscle wasting in his left lower leg. The plaintiff had been a member of the U.S. Ski Team for 10 years, primarily competing in "downhill" races. Following his retirement for the U.S. Ski Team, plaintiff coached the U.S. Disabled Ski Team for several years. He was working as a stone mason, and as a ski coach for Battle Mountain High School in Vail at the time of the surgery. Plaintiff claimed he was unable to continue ski coaching, and that he could not own or operate a his masonry business as a result of his injuries.

FINAL DEMAND BEFORE TRIAL: $900,000.00.

FINAL OFFER BEFORE TRIAL: $250,000.00 statutory offer of settlement.

JURY AWARD: After a two week jury trial, plaintiffs were awarded $1,272,000.00, plus interest and costs.