HomeMy WebLinkAbout2023CV30993 - Smith-Acree V. City, Et Al. - 02 - Complaint
DISTRICT COURT, COUNTY OF LARIMER
STATE OF COLORADO
201 La Porte Avenue, Suite 100
Fort Collins, Colorado 80521
▲ COURT USE ONLY ▲
Plaintiff:
MARGARET SMITH-ACREE
v.
Defendants:
CITY OF FORT COLLINS and
TRANSFORT BUS SERVICES
Attorneys for Plaintiff:
Geoffrey S. Gulinson, #19351
Geoffrey S. Gulinson & Associates, P.C.
4155 East Jewell Avenue, Ste 402
Denver, CO 80222
Phone: (303) 753-0037
Fax: (303) 753-4599
geoff@lawofficecolorado.com
Case No.:
Division:
COMPLAINT
Plaintiff Margaret Smith-Acree, by and through her attorneys Geoffrey S. Gulinson &
Associates, P.C., and for her Complaint against Defendants City of Fort Collins, and Transfort
Bus Services states and alleges as follows:
GENERAL ALLEGATIONS AND PARTIES
1. Plaintiff Margaret Smith-Acree resides at 3610 Highland Dive in Fort Collins, Colorado
80524.
DATE FILED: December 6, 2023 1:40 PM
FILING ID: 9F68D0244B6A7
CASE NUMBER: 2023CV30993
2. Defendant City of Fort Collins is a home rule municipality that can be served through the
Fort Collins City Attorney’s Office located at 300 La Porte Avenue in Fort Collins,
Colorado 80521.
3. Defendant Transfort Bus Service is the transit service for Fort Collins, Colorado and can
be served by serving Drew Brooks at Transfort Bus Service at 250 N. Mason Street in
Fort Collins, Colorado 80524.
4. Personal jurisdiction is proper in this Court pursuant to C.R.S. 13-1-124(1)(b).
5. Venue is proper in this Court pursuant to C.R.C.P. 98(c) as the incident occurred in the
City of Fort Collins, County of Larimer, State of Colorado.
6. This action is governed by the Colorado Revised Statutes, administrative safety standards
and common-law mandates as indicated herein, in the C.R.C.P. 16 Trial Management
Order, and at trial.
FACTUAL ALLEGATIONS
7. Plaintiff hereby affirms, alleges, and incorporates each allegation contained in the above
paragraphs as though set forth fully herein.
8. On December 23, 2020, Plaintiff Smith-Acree was a passenger on a bus owned/leased by
Defendant Transfort Bus Services and operated by a Defendant City of Fort Collins
employee.
9. Plaintiff boarded the Transfort bus in a Victory Pride 10, 3-wheel medical mobility
scooter.
10. The bus driver improperly secured the scooter for transport, strapping in both back
security harnesses to the scooter but failing to strap both front harnesses. The left front
harness was properly strapped, but not the right front harness.
11. Plaintiff believed she had been properly secured.
12. As the bus driver was approaching the intersection of Maple Street and North College
Avenue, he made a sharp turn with the bus in motion. Plaintiff’s mobility scooter tipped
over, causing her to fall onto her left side in the bus aisle.
13. Plaintiff was unable to get up on her own and was escorted off the bus by the paramedics
who transported her to the emergency room at UC Health Poudre Valley.
14. The incident caused Plaintiff’s injuries, damages, and losses.
FIRST CLAIM FOR RELIEF
(Negligence Against Defendants)
15. Plaintiff hereby affirms, alleges, and incorporates each and every allegation contained in
the above paragraphs as though set forth fully herein.
16. Defendants owed a duty to Plaintiff to use reasonable care and prudence at all times and
to properly secure Plaintiff in her scooter with both front harnesses.
17. Defendants’ bus driver breached the duty of care to Plaintiff failing to strap both front
harnesses to the scooter.
18. When Defendants’ bus driver made a sharp turn with the bus in motion, because Plaintiff
was not properly secured to her scooter, she tipped over and fell onto her left side.
19. Defendants are liable for the bus driver’s actions and inactions.
20. As the direct and proximate cause or substantial factor in this incident, and Defendants’
actions and omissions to act in accordance with established Colorado safety standards,
Plaintiff has been forced to obtain services and incur medical expenses for her injuries,
damages and losses for reasonable and necessary medical care.
21. As the direct and proximate result or substantial factor of Defendants’ actions and
omissions to act in accordance with established Colorado safety standards, Plaintiff has
incurred economic damages, including medical expenses, and non-economic damages,
including, but not limited to, loss of enjoyment of life, pain and suffering, permanent
impairment and emotional distress as a result of the subject incident, all in amounts to be
proven at trial.
22. As a further direct and proximate result or substantial factor of Defendants’ actions and
omissions to act in accordance with established Colorado safet y standards, Plaintiff has
suffered loss of enjoyment of life, inconvenience, and impairment of the quality of life,
all in amounts to be proven at trial.
23. As the direct and proximate result or substantial factor of Defendants’ actions and
omissions to act in accordance with established Colorado safety standards, Plaintiff has
been forced to obtain medical expenses for her injuries, damages and losses which will be
more particularly set forth at trial and which include a contusion to her right chest wall,
pain in her right hip and a sprain of her right knee.
24. Plaintiff, at all times relevant hereto, is not liable for comparative-contributory
negligence and she has reasonably mitigated her damages.
WHEREFORE, Plaintiff prays for the relief requested below.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
A. Compensation for economic losses, both past and future;
B. Compensation for non-economic losses for pain and suffering, inconvenience,
emotional distress, loss of enjoyment of life, and anxiety, both past and future;
C. Compensation for other expenses sustained or incurred;
D. Attorneys’ fees and costs as provided by law;
E. Pre- and post-judgment interest as provided by law; and,
F. Such further relief as the Court deems just and proper.
DATED: December 1, 2023
GEOFFREY S. GULINSON & ASSOCIATES, P.C.
s/ Geoffrey S. Gulinson
Geoffrey S. Gulinson, #19351
Attorneys for Plaintiff
Plaintiff’s Address:
3610 Highland Dive
Fort Collins, CO 80524