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HomeMy WebLinkAbout2021CV30429 - JAMES M. BELL-AVERA V. KARL L. ROHR and THE CITY OF FORT COLLINS - 001 - COMPLAINTDISTRICT COURT, COUNTY OF LARIMER, COLORADO Court Address: Larimer County Justice Center 201 LaPorte Avenue, Suite 100 Fort Collins, CO 80521 ▲COURT USE ONLY▲ Plaintiff: JAMES M. BELL-AVERA v. Defendant: KARL L. ROHR and THE CITY OF FORT COLLINS Attorney for Plaintiff Theodore Ridder, #43755 Franklin D. Azar & Associates, P.C. 14426 East Evans Avenue Aurora, Colorado 80014 Phone Number: (303) 757-3300 Fax Number: (303) 759-6203 E-Mail: riddert@fdazar.com Case No. Division: COMPLAINT Plaintiff, JAMES M. BELL-AVERA, by and through his attorneys, Franklin D. Azar and Associates, P.C., for his Complaint against the Defendant, states and alleges as follows: GENERAL ALLEGATIONS 1. Plaintiff, James M. Bell-Avera is an individual and resident of the State of Colorado, County of Larimer, City of Fort Collins. 2. Defendant, Karl V. Rohr is an individual and resident of the State of Colorado, County of Larimer, City of Wellington. 3. The City of Fort Collins is a city located in Larimer County in the State of Colorado. 4. Venue is proper in this action pursuant to C.R.C.P. 98 (c)(5). DATE FILED: June 10, 2021 10:32 AM FILING ID: 62D29C11873C5 CASE NUMBER: 2021CV30429 2 5. On or about March 24, 2020, at approximately 4:13 p.m., Plaintiff’s was a passenger in a bus owned and operated by the City of Fort Collins. 6. The bus was traveling northbound on the Max Guideway in the City of Fort Collins. 7. The bus was being operated by Defendant Karl Rohr. 8. Defendant Karl Rohr was operating within the course and scope of his employment with the City of Fort Collins at the time of the crash. 9. The crash took place at the 2200 Max Guideway in Larimer County, Colorado. 10. Karl Rohr drove the bus off the road and over a curb and crashing through a fence. 11. The fence penetrated the cab of the bus injuring Defendant Rohr. 12. The bus then continued off the road and collided with a tree. 13. Defendant was operating a bus owned by the City of Fort Collins at the time of the collision. 14. Defendant was operating in the course and scope of employment with the City of Fort Collins at the time of the crash. 15. The crash was caused by the negligence, carelessness, and recklessness of Defendant Rohr in the operation of his motor vehicle. 16. There was an alleged failure of the steering wheel/column that initially lead to Defendant Rohr losing control. 17. Prior to the crash, the bus had been maintained by employees of the City of Fort Collins. 18. A City of Fort Collins employee failed to properly maintain the steering column of the bus. 19. The failure to maintain caused Defendant Rohr to lose control of the bus. 20. Defendant Rohr failed to take proper evasive action which also lead to the collision. 21. No third party caused, or contributed to the cause, of the collision and Plaintiff’s injuries, damages, and losses. 22. Plaintiff has not failed to mitigate his damages. 23. Plaintiff has not been injured in an unrelated matter subsequent to the collision in question. 24. Under CRS § 24-10-106(1)(a), governmental immunity has been waived by the City of Fort Collins in this case because the negligent operation and maintenance of a motor vehicle was the cause of this collision. 3 25. Plaintiff properly notified the City of Fort Collins of his claim under CRS § 24-10-109 by sending notice to the City of Fort Collins attorney within 182 days after discovery of the injury. 26. The notice was timely and otherwise fully complied with § 24-10-109. FIRST CLAIM FOR RELIEF (Negligence against Defendant Rohr) 27. Plaintiff incorporates all prior allegations as though fully set forth herein. 28. Defendant Rohr failed to operate the bus safely causing the bus to crash. 29. Defendant Rohr’s tortious conduct was in violation of the duty he owned to Plaintiff and the Public at large to drive carefully and prudently. 30. Defendant Rohr’s tortious conduct was sufficient to cause, and did cause, Plaintiff severe, permanent, and disabling injuries. 31. As a direct, proximate, and foreseeable result of the negligence of Defendant Rohr, Plaintiff suffered physical injuries and past and future damages, including physical pain and suffering, inconvenience, loss of enjoyment of life, mental anguish, medical, hospital, and doctor bills, loss of earnings and earning capacity, permanency and/or impairment in amounts to be determined at the time of trial. SECOND CLAIM FOR RELIEF (Respondeat Superior against Defendant City of Fort Collins) 32. Plaintiff incorporates all prior allegations as though fully set forth herein. 33. Defendant Rohr was in the course and scope of his employment relationship with the City of Fort Collins when the crash happened. 34. Under the doctrine of Respondeat Superior, Defendant the City of Fort Collins is responsible for the negligence of Defendant Rohr. 35. As a direct, proximate, and foreseeable result of the negligence of Defendant Rohr, and vicariously the City of Fort Collins, Plaintiff suffered physical injuries and past and future damages, including physical pain and suffering, inconvenience, loss of enjoyment of life, mental anguish, medical, hospital, and doctor bills, loss of earnings and earning capacity, permanency and/or impairment in amounts to be determined at 4 the time of trial. THIRD CLAIM FOR RELIEF (Negligent Maintenance against Defendant City of Fort Collins) 36. Plaintiff incorporates all prior allegations as though fully set forth herein. 37. The City of Fort Collins has a duty to Plaintiff and the public at large to properly maintain city buses in order to operate them safely. 38. The City of Fort Collins violated their duty when they failed to properly maintain the steering of the bus which in part caused the collision. 39. As a result, the City of Fort Collins failed to maintain and operate the bus safely. 40. As a direct, proximate, and foreseeable result of the negligence of the City of Fort Collins, Plaintiff suffered physical injuries and past and future damages, including physical pain and suffering, inconvenience, loss of enjoyment of life, mental anguish, medical, hospital, and doctor bills, loss of earnings and earning capacity, permanency and/or impairment in amounts to be determined at the time of trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant and in his favor for actual damages in an amount to be determined at the time of trial, pre-judgment interest from the date of the accident, post-judgment interest, costs, expert witness fees, and for such other and further relief as this Court deems proper. Respectfully submitted: June 9, 2021. FRANKLIN D. AZAR & ASSOCIATES, P.C. By: /s/ Theodore R. Ridder Theodore Ridder # 43755 ATTORNEY FOR PLAINTIFF Plaintiff’s Address: 1721 Choice Center Drive Apt 1102C Fort Collins, CO 80525 In accordance with C.R.C.P. 121, §1-26(9), a printed copy of this document with original signatures is being maintained by the filing party and 5 will be made available for inspection by other parties or the Court upon request.