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HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 062 - Pl's Reply Mil Re Workers CompensationDISTRICT COURT OF LARIMER COUNTY, STATE OF COLORADO Court address: 201 Laporte Ave. Fort Collins, CO 80621 T: (970) 494-3500 Plaintiffs: STUWARD CROSS AND KATRINA RICHMAN v. Defendant: THE CITY OF FORT COLLINS, STATE OF COLORADO Court Use Only Attorneys for Plaintiffs: Laura Browne, # 46673 Ashley Fridovich, # 47538 WILHITE, ROSE, MCCLURE & SAWAYA, P.C. 1600 Ogden Street Denver, CO 80218 Phone Number: (303) 839-1650 FAX Number: (303) 832-7102 E-mail: lbrowne@sawayalaw.com afridovich@sawayalaw.com Case Number: 2020CV030363 Courtroom: 3C PLAINTIFF STUWARD CROSS’ REPLY IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE EVIDENCE OF WORKERS COMPENSATION AND OTHER COLLATERAL SOURCES COMES NOW, Plaintiff Stuward Cross, through his counsel Wilhite, Rose, McClure & Sawaya, P.C., and hereby submits the following Reply in Support of his Motion in Limine to Preclude Evidence of Workers Compensation and Other Collateral Sources. Defendant concedes in its reply that evidence of payments made by workers compensation and health insurance on behalf of Plaintiff are inadmissible under C.R.S. §13-21-111.6 but argues that it should be able to elicit testimony from Plaintiff Cross regarding his settlement through the workers DATE FILED: November 2, 2021 2:12 PM FILING ID: ADADC96DC311D CASE NUMBER: 2020CV30363 compensation system due to his leaving his employment being a condition of that settlement. Defendant makes no other argument to support the position that evidence of the existence of the workers compensation claim or settlement related to this motor vehicle collision is relevant or admissible in this case. There appears to be no reason why Defendant could not get the desired evidence – that Plaintiff Cross voluntarily left his employment with his former employer Yellow Cab – in front of the jury without including the fact that this was done as a condition of a workers compensation settlement. Defendant can elicit this testimony from Plaintiff Cross during cross-examination regarding his lost wage claim, and the jury would have the knowledge that Plaintiff Cross is claiming lost wages despite having left his employment voluntarily after working there for approximately one year following the motor vehicle collision. There is no evidence reason Defendant would need to include the additional fact that this voluntarily leave of employment was as a result of a workers compensation settlement. The only reason Defendant wishes this information to be in front of the jury is so the jury is aware Plaintiff Cross has already received compensation as a result of this incident and will ther efore reduce the amount of damages it awards him on his personal injury claim. This is clearly prejudicial under C.R.E. 403 and will likely confuse the jury as well. For these reasons, Plaintiff reiterates its respectful request that the Court grant its Motion in Limine. WHEREFORE, Plaintiff Cross respectfully moves this Court to grant his Motion in Limine to Preclude Evidence of Workers Compensation and Other Collateral Sources. DATED: November 2, 2021. Respectfully submitted, WILHITE, ROSE, MCCLURE, SAWAYA & P.C. /s /Laura Browne Laura Browne, Esq. CERTIFICATE OF SERVICE I certify that on November 2, 2021 this PLAINTIFF STUWARD CROSS’ REPLY IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE EVIDENCE OF WORKERS COMPENSATION AND OTHER COLLATERAL SOURCES was served on all parties via CCEF electronic filing or mail to the following: Andrew W. Callahan, Esq. Wick & Trautwein, LLC PO Box 2166 Fort Collins, CO 80522 Attorneys for all Defendant Andrew Stephens, Esq. Fort Collins City Attorney’s Office PO Box 580 Fort Collins, CO 80522 Katrina Richman 2027 Shorebird Drive, Apt 202 Fort Collins, CO 80525 Plaintiff /s/ Kassandra Burival Original Signature on File in Attorney’s Office Kassandra Burival, Litigation Paralegal