Striving to protect your rights &

TYPE OF CLAIM: The plaintiff had herniated disks in his lower back at L4-5 and L5-S1. In an effort to repair the herniated disks, the defendant, an orthopedic surgeon, performed a two-level lumbar spine fusion, which required the placement of two rods using six 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. Approximately eight months after the surgery, the plaintiff sought a second opinion from another orthopedic surgeon, who diagnosed the malpositioned screw and promptly removed it.

DEFENDANT’S CONTENTIONS: The defendant claimed that the neurological symptoms the plaintiff suffered after the surgery were pre-existing 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 the plaintiff’s nerve roots. The defendant disputed the extent of the plaintiff’s damages and alleged that the plaintiff could have continued to work as a stonemason.

INJURIES AND DAMAGES ALLEGED: Severe neurological pain, weakness and loss of function in the 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 from the U.S. Ski Team, the plaintiff coached the U.S. Disabled Ski Team for several years. He was working as a stonemason and as a ski coach for Battle Mountain High School in Vail at the time of the surgery. The plaintiff claimed that he was unable to continue ski coaching and that he could not own or operate his masonry business as a result of his injuries.

FINAL DEMAND BEFORE TRIAL: $900,000

FINAL OFFER BEFORE TRIAL: $250,000 statutory offer of settlement

JURY AWARD: After a two-week jury trial, the plaintiff was awarded $1,272,000, plus interest and costs.

FACTS: Our client was stopped for traffic when he was rear-ended by a semi-truck. He suffered a fractured arm and torn ligaments in his knee. Both of these injuries required surgery. Prior to retaining our Firm, the trucking company made no offer to settle our client’s claims.

PLAINTIFF’S CONTENTIONS: Based on the negligence of the defendant truck driver plaintiff asserted claims of negligence and negligence per se.

DEFENDANT’S CONTENTIONS: Defendant denied liability and claimed that because of traffic that stopped suddenly the action was unavoidable.

RESULT: Settlement in the amount of $800,000.

FACTS: Our client was “t-boned” on a two lane mountain highway by a drunk driver who was driving a company vehicle at the time of the crash. Our client suffered a mild traumatic brain injury, in addition to injuries to his spine, which required a two level cervical fusion.

PLAINTIFF’S CONTENTIONS: Plaintiff asserted claims of negligence and negligence per se against the drunk driver, and also a claim against the drunk driver’s employer based on the fact that the drunk driver was acting in the course and scope of his employment at the time of the crash.

DEFENDANT’S CONTENTIONS: Defendant denied that the drunk driver was acting in the course and scope of his employment and that plaintiffs injuries were not caused solely by the I-bone collision. 

RESULT: Settlement in the amount of $3 million.

FACTS: 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, the plaintiff suffered second- and third-degree burns over 41 percent 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 that 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, but just simply started getting dressed as though nothing had 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 the plaintiff’s burns and, therefore, the defendant had a complete defense to the plaintiff’s claims under Colorado law. The defendant also asserted that the plaintiff’s pain and suffering damages were limited by the statutory damage cap in Colorado to $366,250 and that the plaintiff’s economic damages were limited to the actual dollars paid by Medicare for the plaintiff’s medical expenses in the amount of $283,000.

DAMAGES: The plaintiff suffered second- and third-degree burns over 41 percent 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 and that the plaintiff’s damages for pain and suffering were limited to $366,250 under Colorado law.

THE RESULT: Settlement in the amount of $900,000.

FACTS: Our client was 18 years old at the time of the incident, which occurred at a local recreational trampoline facility. His life changed forever at that facility when the defective canvas of the trampoline he was jumping on ripped down the middle. Our client’s right leg went through the canvas hitting the concrete floor below, while his left leg was caught on the canvas and severely deformed, causing it to be completely dislocated. Our client also suffered injuries to the arteries and nerves in his leg which required 8 surgeries, including an artery by-pass, muscle graft procedures, and several procedures to remove dead or dying tissue from his leg. He spent 3 months in the hospital.

PLAINTIFF’S CONTENTIONS: Based on the negligence of the Defendant causing the Plaintiff’s catastrophic injuries, Plaintiff asserted claims of premises liability and negligence.

DEFENDANT’S CONTENTIONS: The Defendant denied liability claiming that they had maintained and operated their facility in a safe and reasonable manner at all times prior to and at the time of Plaintiff’s injuries.

RESULT: Settlement in the amount of $2,000,000.