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HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 053 - Df's Resp Mil Re Workers CompensationDISTRICT COURT, LARIMER COUNTY, COLORADO Larimer County Justice Center 201 Laporte Avenue, Suite 100 Fort Collins, CO 80521-2761 (970) 498-6100 Plaintiffs: STUWARD CROSS AND KATRINA RICHMAN v. Defendant: THE CITY OF FORT COLLINS, State of Colorado COURT USE ONLY 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 Adam Stephens, #55637 – adstephens@fcgov.com Fort Collins City Attorney’s Office P.O. Box 580 Fort Collins, CO 80524 (970) 221-6520 Case No.: 2020 CV 30363 Division: 3C DEFENDANT’S RESPONSE TO MOTION IN LIMINE TO PRECLUDE EVIDENCE OF WORKERS COMPENSATION AND OTHER COLLATERAL SOURCES COMES NOW Defendant the City of Fort Collins, by and through counsel, and files its response to the Motion in Limine to Preclude Evidence of Workers Compensation and Other Collateral Sources as follows: In their motion, Plaintiffs seek to prohibit Defendant from submitting evidence regarding payments made by workers compensation and/or health insurance on behalf of Plaintiffs. Defendant agrees that these payments are within the contract exception to the collateral source rule under C.R.S. §13-21-111.6. Accordingly, to the extent that Plaintiffs’ motion merely seeks 2 to prohibit reference to sums paid by workers compensation, Medicaid or private insurance, Defendant does not oppose this request. However, Defendant does object to the extent that this motion seeks to preclude Defendant from introducing evidence of the existence of Mr. Cross’ workers compensation claim. Plaintiff Cross has made a lost wages claim for $54,705.15 (See Itemization of Damages in Joint Trial Management Order, p. 4.) In his deposition, Mr. Cross testified that he continued driving as a taxicab driver for over a year after the collision while his workers compensation claim was pending. (See Deposition of Stuward Cross, Exhibit 1, p. 22, ln. 9-12). Mr. Cross resigned as a cab driver as part of the settlement of his workers compensation claim in August 2018. (Ex. 1 , p. 22, ln. 13 – p. 23, ln. 11.) Mr. Cross also acknowledged that even before the incident, he was behind on his costs ledger to his employer but believes that he became further behind as a result of this accident. Exhibit 1, p. 23, ln 6-16. Plaintiffs disclosed a heavily redacted version of the workers compensation claim settlement agreement which Mr. Cross signed. (See Exhibit 2). This document shows that Mr. Cross voluntarily resigned as a driver for Yellow Cab in exchange for Yellow Cab waiving amounts owed by Mr. Cross to Yellow Cab. (Ex. 2, p.7, paragraphs 1, 2 and3). Defendant believes that Mr. Cross’ lost wages are entirely due to his voluntary resignation pursuant to the worker’s compensation settlement and unrelated to any injuries he allegedly sustained in the incident. Plaintiffs’ motion in limine does not address this issue directly, however, Plaintiffs’ requested relief would necessarily preclude Defendant from raising the issue of the workers compensation settlement agreement. Defendant believes this is relevant and admissible 3 evidence showing why Mr. Cross’ claimed lost wages are not caused by the accident at issue in this case. WHEREFORE, Defendant respectfully requests that this Court deny Plaintiffs’ motion in limine to the extent that it purports to prohibit Defendant from introducing evidence regarding the workers compensation settlement. Respectfully submitted this 25th day of October, 2021. WICK & TRAUTWEIN, LLC By: s/ Andrew W. Callahan Andrew W. Callahan, #52421 Julie M. Yates, ##36393 Attorneys for Defendants And John R. Duval, #10185 Adam Stephens, #55637 Fort Collins City Attorney’s Office 4 CERTIFICATE OF ELECTRONIC FILING The undersigned hereby certifies that a true and correct copy of the foregoing DEFENDANT’S RESPONSE TO MOTION IN LIMINE TO PRECLUDE EVIDENCE OF WORKERS COMPENSATION AND OTHER COLLATERAL SOURCES was served via the Colorado Courts E-Filing System this 25th day of October, 2021, on the following: Laura Michelle Browne Ashley Fridovich Wilhite, Rose, McClure & Sawaya, P.C. 1600 N. Ogden Street Denver, CO 80218 Adam Stephens John Duval FORT COLLINS CITY ATTORNEY’S OFFICE P.O. Box 580 Fort Collins, CO 80522 s/Jody L. Minch