HomeMy WebLinkAbout2017CV30903 - Ilse Westphal V. City Of Fort Collins, Et Al - 026A - Attachment A To Proposed Case Management OrderIsle G. Westphal v. Anthony Jansa, et al.
2017CV30903
Attachment A to Proposed Preliminary Case Management Order
November 22, 2016, Ilse G. Westphal, then 85 years old, was waiting for her bus at a bus
stop/shelter owned and operated by the City of Fort Collins. The bus stop/shelter was along
Harmony Road west of Zeigler Road. While waiting for her bus to arrive, the City of Fort
Collins was engaged in the staging and establishment of a construction site along Harmony Road
and around the City bus shelter. The construction project was Phase 2 of the East Harmony Duct
Bank project and included the installation of 12 large underground vaults. In order to set the
vaults, a large construction crane was staged along Harmony Road. In addition, several other
vehicles were being parked along the northern-most lane of harmony Road to the east of the bus
shelter.
As the construction site was being established, a semi-tractor and low tractor driven by
Anthony John Jansa, a subcontractor and employee of Jansa Trucking, LLC, backed over
Plaintiff and rolled her under the trailer of the semi-tractor/trailer, dragging her backward and
then forward under the vehicle resulting in a significant bodily injury.
Plaintiff states the following causes of action to be determined by a jury asserting that the
City of Fort Collins and the Jansa Defendants were the joint cause of the damages to Ms.
Westphal:
Negligence - Res Ipsa Loquitur (Defendant Anthony John Jansa)
Negligence Per Se - (Defendant Anthony John Jansa)
Negligence (Defendant Anthony John Jansa)
Negligence (Defendant Jansa Trucking, LLC – North Dakota)
DATE FILED: January 29, 2018 9:03 AM
FILING ID: DFB94DA1615F8
CASE NUMBER: 2017CV30903
Respondeat Superior (Defendant Jansa Trucking, LLC – North Dakota; Defendant
Jansa Trucking Colorado)
2 Counts of Negligence (City Of Fort Collins).