HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 027 - PRELIMINARY CASE MANAGEMENT ORDERDATE FILED: February 1, 2018 8:07 AM
CASE NUMBER: 2017CV30903
Isle G. Westphal v. Anthony Jansa, et al.
2017CV30903
Attachment C to Proposed Preliminary Case Management Order
The City of Fort Collins is a governmental entity entitled to immunity
pursuant to C.R.S. 24-10-106 (“CGIA”) and interpreting case law, the City has not
waived immunity, and therefore should be dismissed. Beyond that, the City denies
negligence or wrongdoing. The City had no actual or constructive knowledge of a
dangerous condition and did not fail to take reasonable precautions to guard
against a dangerous condition, if any. The City maintains that this accident was
caused by the negligence or fault of parties not within its control or its right to
control. Specifically, Plaintiff was contributory negligent, which may eliminate or
proportionately reduce her recovery. Defendant Jansa may also be comparatively
negligent, which would eliminate or proportionately reduce the liability of the City,
if any. From a damages perspective, it appears that Plaintiff’s injuries are
relatively significant. However, the City is not in possession of medical records or
medical bills at the time of this filing. The City will need to engage in further
analysis, investigation and discovery of damages to determine the extent, severity
and permanency of her condition and injuries, particularly if she alleges a brain
injury. Nonetheless, any recovery against the City, assuming there is one, would
be statutorily capped by the CGIA.
Attachment to Order - 2017CV30903
Isle G. Westphal v. Anthony Jansa, et al.
2017CV30903
Attachment B to Proposed Preliminary Case Management Order
In reference to section 4(b) of the Proposed Preliminary Case Management Order,
Anthony J. Jansa; Jansa Trucking, LLC, a Colorado Limited Liability Company; and Jansa
Trucking, LLC, a North Dakota Limited Liability Company (collectively “Jansa Defendants”)
submit the following brief description of the case and identification of the issues to be tried:
This case involves a tragic accident that occurred because Plaintiff walked, without
giving any warning, into the roadway and stood immediately behind the semi-trailer in a blind
spot at the moment the truck began to back up. Plaintiff turned her back to the truck and focused
her attention away from the truck. The Plaintiff’s alleged injuries were actually and proximately
caused by Plaintiff’s disregard for traffic conditions, statutes, and regulations as listed in the
Jansa Defendants’ Answer. The Jansa Defendants did not breach any duty owed to Plaintiff.
Plaintiff’s injuries were proximately caused by her own negligent act of standing in the road in
the path of traffic. Plaintiff’s comparative fault and her own negligence per se bars Plaintiff’s
recovery.
Attachment to Order - 2017CV30903
Isle G. Westphal v. Anthony Jansa, et al.
2017CV30903
Attachment A to Proposed Preliminary Case Management Order
November 22, 2016, Ilse G. Westphal, then 85 years old, was waiting for her bus at a bus
stop/shelter owned and operated by the City of Fort Collins. The bus stop/shelter was along
Harmony Road west of Zeigler Road. While waiting for her bus to arrive, the City of Fort
Collins was engaged in the staging and establishment of a construction site along Harmony Road
and around the City bus shelter. The construction project was Phase 2 of the East Harmony Duct
Bank project and included the installation of 12 large underground vaults. In order to set the
vaults, a large construction crane was staged along Harmony Road. In addition, several other
vehicles were being parked along the northern-most lane of harmony Road to the east of the bus
shelter.
As the construction site was being established, a semi-tractor and low tractor driven by
Anthony John Jansa, a subcontractor and employee of Jansa Trucking, LLC, backed over
Plaintiff and rolled her under the trailer of the semi-tractor/trailer, dragging her backward and
then forward under the vehicle resulting in a significant bodily injury.
Plaintiff states the following causes of action to be determined by a jury asserting that the
City of Fort Collins and the Jansa Defendants were the joint cause of the damages to Ms.
Westphal:
Negligence - Res Ipsa Loquitur (Defendant Anthony John Jansa)
Negligence Per Se - (Defendant Anthony John Jansa)
Negligence (Defendant Anthony John Jansa)
Negligence (Defendant Jansa Trucking, LLC – North Dakota)
Attachment to Order - 2017CV30903
Respondeat Superior (Defendant Jansa Trucking, LLC – North Dakota; Defendant
Jansa Trucking Colorado)
2 Counts of Negligence (City Of Fort Collins).
Attachment to Order - 2017CV30903