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HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 051 - Proposed Trial Management OrderDISTRICT COURT, LARIMER COUNTY, STATE OF COLORADO Court Address: 201 Laporte Ave. Fort Collins, CO 80621 Plaintiffs: STUWARD CROSS AND KATRINA RICHMAN v. Defendant: THE CITY OF FORT COLLINS, STATE OF COLORADO Court Use Only Case Number: 2020CV30363 Division: 5A PROPOSED TRIAL MANAGEMENT ORDER COME NOW the parties, by and through their respective counsel, and submit the following Proposed Trial Management Order: I. STATEMENT OF CLAIMS AND DEFENSES a. Statement of Plaintiffs’ Claims The issues to be tried are liability, causation, and the nature and extent of claimed injuries and damages. This case arises out of personal injuries suffered by Plaintiffs Stuward Cross and Katrina Richman as a result of a motor vehicle collision that occurred on June 7, 2017 in Fort Collins, Colorado. Plaintiff Stuward Cross was the driver of a taxi cab that Plaintiff Katrina Richman was a front-seat passenger of. Plaintiffs were northbound on South Lemay Avenue near its intersection with Poudre River Drive. Traffic stopped on northbound South Lemay Avenue and Plaintiff Cross waved a vehicle through from westbound Poudre River Drive from a stop sign. That vehicle crossed safely. Traffic on northbound South Lemay Avenue then began to move and Plaintiff Cross began driving his vehicle forward. At that time, Mr. Antonio Lopez, who was employed by Defendant the City of Fort Collins driving a dumptruck and acting in the scope and course of his employment, ran the stopsign from westbound Poudre River Drive and proceeded into the intersection toward Plaintiff Cross and Plaintiff Richman. Plaintiff Cross attempted to evade the dumptruck by swerving to his left but was unable to avoid being struck on the right rear bumper. Mr. Lopez then left the scene without exchanging information with the Plaintiffs. Mr. Lopez is deceased and Plaintiffs bring claims only against the City of Fort Collins who has admitted Mr. Lopez was acting in the scope and course of his employment; therefore, Defendant is vicariously liable for any negligent acts or omissions Mr. Lopez committed and any damages which resulted from those acts or omissions. Plaintiffs’ claims against Defendant City of Fort Collins include respondeat superior, and negligence. As a result of this incident, Plaintiff Cross suffered a cervicothoracic sprain/strain and received related medical treatment for this injury. He is claiming past and future medical expenses, past and future non-economic damages and past and future impairment associated with this incident. Plaintiff Richman suffered a cervical sprain/strain and underwent physical therapy treatment and visits with her primary care physician for this injury. She is claiming past medical expenses as well as past non-economic damages associated with this incident. b. Statement of Defendant’s Defenses Defendant admits that Mr. Lopez was acting within the course and scope of his employment with the City of Fort Collins at the time of the collision. Defendant denies liability in this case and has asserted a claim for comparative fault against Plaintiff Cross. Defendant asserts that Mr. Cross affirmatively waived Mr. Lopez out into the intersection, but then suddenly accelerated in front of Mr. Lopez’s vehicle. Thus, the collision is solely or partially the fault of Mr. Cross. Defendant further denies that either Mr. Cross or Ms. Richman suffered injuries as a result of this collision. The injuries complained of by Plaintiffs are due to preexistin g injuries unrelated to the minor impact collision in this case. II. STIPULATIONS 1. The collision occurred on June 7, 2017. 2. Plaintiff Katrina Richman was a front-seat passenger of a taxi cab driven by Plaintiff Stuward Cross. 3. Antonio Lopez was driving the dumptruck involved in the incident. 4. Antonio Lopez was, at the time of the incident, employed by Defendant City of Fort Collins. 5. Antonio Lopez was, at the time of the incident, operating the dumptruck in the course and scope of his employment for Defendant City of Fort Collins. 6. The dumptruck Mr. Lopez was operating at the time of the incident made contact with the taxi cab Plaintiff Cross was operating at the time of the incident. 7. Mr. Lopez died of unrelated causes after the traffic collision, but before the initiation of this lawsuit. III. PRE-TRIAL MOTIONS Plaintiffs Motion to Withdraw as Counsel for Plaintiff Katrina Richmon Motion to Bifurcate Claims and Continue Trial for Only Plaintiff Katrina Richman Motion in Limine to Preclude Reference to Attorney-Referred Care Motion in Limine to Preclude Reference to Workers Compensation Settlement Motion in Limine To Restrict Testimony of Dr. Lloyd Thurston Motion in Limine under C.R.E. 401 and 403 Related to Plaintiff Katrina Richman Defendant Motion in Limine to Exclude or Limit Expert Witness Testimony Under C.R.C.p. 37 For Failure to Comply with C.R.C.P. 26(a)(2)(A) and 26(a)(2)(B)(II) Motion in Limine to Exclude or Limit Testimony Not Supported by Medical Professionals IV. TRIAL BRIEFS Trial briefs, if necessary, will be filed with the Court on or before November 1, 2021. V. ITEMIZATION OF DAMAGES Plaintiff Stuward Cross’s Damages i. Non-economic loss in an amount to be determined by a jury; ii. Permanent impairment in an amount to be determined by a jury; iii. Plaintiff Stuward Cross’s past and present medical bills are: $23,554.05; iv. Plaintiff Stuward Cross’s past lost wages are: $54,705.15 v. The cost of future medical treatment Plaintiff Cross may require; vi. Loss of enjoyment of life in an amount to be determined by a jury; vii. Pre and post judgment interest as provided for by Colorado law; viii. Reimbursement of all costs and expert witness fees associated with filing this action; ix. Any other damages available pursuant to Statutes, Colorado Rules of Civil Procedure and case law. Plaintiff Katrina Richman’s Damages x. Non-economic loss in an amount to be determined by a jury; xi. Plaintiff Katrina Richman’s past medical bills are: $21,416.18; xii. Loss of enjoyment of life in an amount to be determined by a jury; xiii. Pre and post judgment interest as provided for by Colorado law; xiv. Reimbursement of all costs and expert witness fees associated with filing this action; xv. Any other damages available pursuant to Statutes, Colorado Rules of Civil Procedure and case law. Defendant’s Damages: Defendant is not making a claim for damages. VI. WITNESSES AND EXHIBITS a. Parties’ Witnesses The Parties’ Preliminary Witness Lists were filed on October 11, 2021. Final Lists will be filed by November 8, 2021. b. Parties’ Exhibits The Parties’ Preliminary Exhibit Lists were filed on October 11, 2021. Final Lists will be filed by November 8, 2021. c. Juror Notebooks The parties will confer about items to be included in juror notebooks and make joint submissions by November 8, 2021. d. Deposition and Other Preserved Testimony Deposition testimony will be designated in accordance with C.R.C. P. 16(1)(3)(VI)(D). Pursuant to C.R.C.P. 32(a)(2), the parties may use the deposition testimony of the opposing parties during trial for any purpose. VII. TRIAL EFFICIENCIES a. Trial – The trial is currently set for a five-day jury trial beginning on November 15, 2021 at 8:30 a.m. b. Time Requested for: (1) Juror examination: 45 minutes per side (2) Opening statements: 20 minutes per side (3) Closing arguments: 30 minutes per side c. Alternate Jurors: Plaintiffs request 1 alternate juror. Defendant joins in this request. d. Order of Proof – The parties will submit their order of proof by November 8, 2021. e. Jury Instructions – The parties shall file Instructions in accordance with C.R.C.P. Rule 16(g) and the Court’s Pre-Trial Order, by October 20, 2021. VIII. DISCOVERY The discovery deadline for this case was September 27, 2021. Discovery has closed. IX. SPECIAL ISSUES a. COVID-19 Protocol – to be discussed at the Pre-Trial Conference. X. SETTLEMENT a. The parties underwent mediation of this matter on June 24, 2021 with Judge Daniel Kaup. The matter is unlikely to settle prior to trial. XI. EFFECT OF TRIAL MANAGEMENT ORDER Hereafter, this Trial Management Order will control the subsequent course of this action and the trial and may not be modified except by demonstration that the modification or divurgence could not have been anticipated with reasonable diligence. The pleadings will be deemed merged herein. This Trial Management Order supersedes the Case Management Order to the extent there is overlap, unless otherwise indicated. In the event of ambiguity in any provision of this Trial Management Order, the Court must interpret the Order in the manner which best advances the interests of justice. Respectfully submitted this 18th day of October, 2021. /s/ Laura Brown___________ /s/ Ashley Fridovich Laura Browne, Esq. Ashley Fridovich, Esq. Wilhite, Rose, McClure & Sawaya, P.C. 1600 Ogden Street Denver, CO 80218 Attorneys for Plaintiffs /s/ Andrew Callahan Andrew W. Callahan, Esq. Julie M. Yates, Esq. WICK & TRAUTWEIN, LLC P.O. Box 2166 Fort Collins, CO 80522 Email: acallahan@wicklaw.com Attorney for Defendant Adam Stephens, Esq. FORT COLLINS CITY ATTORNEY’S OFFICE P.O. Box 580 Fort Collins, CO 80522 Email: adstephens@fcgov.com Attorney for Defendant BY THE COURT: _________________________________ District Court Judge