HomeMy WebLinkAbout2021CV30613 - JOSHUA HOLOWCZENKO v. LISA N. BUTLER, CITY OF FORT COLLINS, and LORI S. MARTIN - 042 - DEFENDANTS DESIGNATION OF NON-PARTY AT FAULTDISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Ave., Ste. 100
Fort Collins, CO 80521
(970) 494-3500
COURT USE ONLY
Plaintiff: JOSHUA HOLOWCZENKO
v.
Defendants: LISA N. BUTLER, an individual, CITY OF
FORT COLLINS, a municipal corporation
Andrew W. Callahan, #52421 – acallahan@wicklaw.com
Julie M. Yates, #36393 – jyates@wicklaw.com
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
Fort Collins, CO 80522
Phone & Fax Number: (970) 482-4011
John R. Duval, #10185 – jduval@fcgov.com
Fort Collins City Attorney’s Office
P.O. Box 580
Fort Collins, CO 80524
(970) 221-6520
Case No.: 2021CV30613
Division: 3C
DEFENDANTS’ DESIGNATION OF NON-PARTY AT FAULT
COMES NOW, Defendants Lisa N. Butler and City of Fort Collins, by and through their
counsel, and hereby submit their Designation of Non-Party at Fault as follows:
1. Pursuant to C.R.S. §13-21-111.5(1), “[i]n an action brought as a result of a death
or an injury to person or property, no defendant shall be liable for an amount greater than that
represented by the degree or percentage of the negligence or fault attributable to such defendant
that produced the claimed injury, death, damage or loss.” To this end, C.R.S. §13-21-111.5(3)(a)
provides that, “[t]he finder of fact in a civil action may consider the degree or percentage of
DATE FILED: March 24, 2022 4:13 PM
FILING ID: 30DDB3C271174
CASE NUMBER: 2021CV30613
2
negligence or fault of a person not a party to the action, based upon evidence thereof, which shall
be admissible, in determining the degree or percentage of negligence or fault of those persons who
are parties to such action.” Under C.R.S. §13-21-111.5(3)(b), a defendant may designate as a non-
party at fault any individual who is “wholly or partially at fault” for the plaintiff’s injuries. A party
wishing to designate a non-party must file a notice, “designating such nonparty and setting forth
such nonparty’s name and last known address, or the best identification of such nonparty which
is possible under the circumstances, together with a brief statement of the basis for believing such
nonparty to be at fault.” Id.
2. In Redden v. SCI, the Colorado Supreme Court held that to satisfy the requirements
of C.R.S. §13-21-111.5(3)(b), “[a] party must allege the basis for believing the non-party legally
liable to the extent the non-party’s acts or omissions would satisfy all the elements of a negligence
claim.” Redden, 38 P.3d at 81. A defendant does not have to prove negligence, but does have to
connect alleged facts with the established elements of negligence. Id.
3. This claim arises out of a bus-automobile crash that occurred on October 19, 2019,
in Fort Collins, Colorado. Defendant Butler was traveling southbound on College Avenue as it
approached West Oak Street in a City of Fort Collins municipal bus, when she began transitioning
from the right-hand southbound lane to the left-hand southbound lane in preparation for her left-
hand turn on Olive Street.
4. During the lane change, a motor vehicle operated by Lori S. Martin abruptly
decreased speed and stopped in the middle of traffic without giving warning or signal, thereby
causing the front-end bicycle rack of the City bus to strike Martin’s vehicle. Plaintiff was a
3
passenger on the City bus and claims that the impact of the bus contacting Martin’s vehicle caused
him to suffer traumatic low back injuries.
5. Based on a review of the known facts to date as well as the allegations in Plaintiff’s
Complaint, Defendants Butler and City of Fort Collins designate the following Non-Party at Fault
pursuant to C.R.S. §13-21-111.5.
6. Lori S. Martin, 3402 S. Eagle Street, Unit #103, in Aurora, Colorado, 80014.
Martin owed a duty to Plaintiff and the general public to, among other things, exercise reasonable
care in the operation of her motor vehicle. Martin breached that duty when she abruptly decreased
the speed of her vehicle and stopped in the middle of traffic without giving warning or signal. As
a direct result of Martin’s breach, Martin interfered with the otherwise steady flow of traffic and
caused Defendant Butler’s sudden braking and collision with Martin’s vehicle. As a proximate
result of Martin’s breach, Plaintiff suffered damages. But for the negligent failure of Martin to
exercise reasonable care in stopping or decreasing the speed of her vehicle, the collision would not
have happened.
WHEREFORE, pursuant to C.R.S. §13-21-111.5, Defendants identify Lori S. Martin as a
non-party at fault and respectfully request that Martin be apportioned her percentage of fault by
the trier of fact in this matter.
Respectfully submitted this 24th day of March, 2022.
WICK & TRAUTWEIN, LLC
By: s/ Andrew W. Callahan
Andrew W. Callahan, #52421
Julie M. Yates, ##36393
Attorneys for Defendants
4
And
John R. Duval, #10185
Fort Collins City Attorney’s Office
CERTIFICATE OF ELECTRONIC FILING
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANTS’ DESIGNATION OF NON-PARTY AT FAULT was filed with the Court via
Colorado Courts E-filing System (CCES) this 24th day of March, 2022, and served on the following:
Michael P. Fossenier
Law Office of Michael Fossenier, LLC
4100 E. Mississippi Ave., 19th Floor
Denver, CO 80246
Jeremy Rosenthal
Law Firm of Jeremy Rosenthal
4100 E. Mississippi Ave., 19th Floor
Denver, CO 80246
s/ Jody L. Minch