Martin v. Valley Equipment Leasing
Mar 02, 2015OUTCOME: $616,502.07 plus statutory interest and court costs
Jennifer Martin v. Sergio G. Silva, individually; Sergio G. Silva d/b/a Five Star Trucking; and Valley Equipment Leasing, Inc. Case No: 2013 CV 34392 Judge: Andrew McCann Trial Dates: March 2 - 5, 2 ... 015 Plaintiff's Attorneys: Jordan Levine and Andrew Phillips (Levine Law, LLC) Defendants' Attorney: Andrew McLetchie (Fowler Schimberg & Flanagan) Type of Claim: Personal injury - multiple vehicle collision: auto/semi-truck and trailer collision. Defendant Valley Equipment Leasing admitted liability for respondeat superior. Jennifer Martin was a restrained, back-seat passenger in a vehicle that was eastbound on Highway 6 in Clear Creek Canyon, west of Golden, Colorado. The plaintiff, a dealer at a casino in Black Hawk, was returning home after work. At about 1:30 a.m. on January 23, 2013, the vehicle in which the plaintiff was riding collided with the semi-truck/tanker, and the vehicle in which the plaintiff was riding was struck by the tanker, went off the highway and landed on the ice in Clear Creek. Sergio Silva was driving a semi-truck that was pulling a trailer loaded with hot asphalt oil. The plaintiff alleged that Silva was exceeding the 30 mph speed limit when he went around a curve and the trailer struck one car and then the vehicle in which the plaintiff was riding, forcing the two cars off the highway and onto the ice in Clear Creek. The plaintiff alleged that Silva was negligent and caused the accident. Defendant Silva alleged that the driver of the first vehicle entered his lane of travel and caused the collision; the defendants designated the driver of the first vehicle as a non-party. Valley Leasing owned the trailer involved in the collision and admitted it employed Sergio Silva. The Court did not allow the plaintiff to claim negligent entrustment. Injuries Alleged: Plaintiff, who was 42 years old, claimed internal injuries caused by her seatbelt. She required emergency surgery to the lower intestines and the surgery resulted in a scar from the breastbone to the pelvic bone. The plaintiff had a hairline fracture to her neck and had chronic pain in the cervical and lumbar spine. She received injections. Her past medical expenses were $180,627.59 and she claimed she would need future medical treatment at a cost of $60,000. The plaintiff's past wage loss was $24,000. She sought economic and non-economic losses plus damages for physical impairment or disfigurement. Final Demand Before Trial: $500,000 according to the plaintiff's attorneys. Final Offer Before Trial: Not available. Plaintiff's Expert Witnesses: Richard Ziernicki, PE (regarding accident reconstruction) Karen Knight, MD (treating physician) Patrick Offner, MD (treating surgeon and emergency medicine physician, by video) Defendants' Expert Witness: None. Verdict: For the plaintiff and against the defendants: $415,000 for non-economic losses $270,627.59 for economic losses $85,000 for physical impairment or disfigurement Total: $770,627.59 (gross) 80% negligence charged to the defendants 20% negligence charged to the designated non-party (driver of the first vehicle). Net amount of damages: $616,502.07 plus statutory interest from the date of the accident, January 23, 2013.
