Monthly Archives: June 2017

Family Awarded $6 Million

Family Awarded $6 Million in Wrongful Death Case Wants Denver District Attorney to Review the Case

The family of a victim in a wrongful death case that resulted in a $6 million award in 2014 wants the Denver District Attorney’s Office to review the matter claiming that there was an internal “cover up”. Marvin Booker was being processed into a Denver jail in 2010 and he left the booking area to retrieve a pair of shoes he had left in the waiting room. The incident, which was caught on surveillance footage, showed four officers restraining him, possibly choking him, and
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Denver Banned Dog Breed

Denver Banned Dog Breed Law Seeks to Prevent Injuries & Related Liability

The city and county of Denver does not allow for ownership, possession, transportation, or sales of pit bull dogs. Denver defines a pit bull as being an American Pit Bull Terrier, Staffordshire Terrier, Staffordshire Bull Terrier, or dog that exhibits the bulk of the physical attributes of these breeds, according to the American Kennel Club or United Kennel Club standards. The ban was originally implemented in 1989 and was soon after challenged by those claiming the ban was not constitutional.
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$600 Million Awarded in

$600 Million Awarded in Dog-Related Insurance Claim in 2016

In 2016, the number of dog bite-related insurance claims continued rising. Over 40% of U.S. households now own a dog. The homeowner’s insurance industry is certainly feeling the impact, as an estimated 20% of claims are related to dog bites. It appears that the prevalence of incidents indicates that pet owners are not properly training, controlling, or supervising their canines when they relate with unfamiliar people and children. Claims topped $600 million for the year, and an analysis of the
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$1 Million Settlement Reached

$1 Million Settlement Reached in California Wrongful Death Case

A settlement was recently reached between the city of Hayward, Bay Area Rapid Transit (BART), and the family of James Greer in a wrongful death case. The suit alleged that Greer was improperly restrained until he was no longer conscious. Under the agreement, the city of Hayward will pay $995,000 and BART will pay $75,000 to the victim’s family. Greer’s family said that he went to purchase a lottery ticket in May 2014 and was pulled over in-route for suspicion
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Tips for Preventing Accidents

Tips for Preventing Accidents in Colorado’s Road Construction Zones

As spring turns to summer, the number of roadway construction projects in Colorado is at its peak level. Highway reconstruction and maintenance crews are working to improve our transportation system, and they face potential danger from careless or negligent motorists. It is critically important that drivers pay attention to the signs, signals and other warning indicators when approaching construction areas. The General Contractors of America recently released results of their study revealing that over 40% of contractors had witnessed a collision
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Parents of Former Hockey

Parents of Former Hockey Player Bring Wrongful Death Case against NHL

Judge Gary Feinerman, in a U.S. District Court, recently dismissed a wrongful death case brought by the parents of Derek Boograd, a former National Hockey League (NHL) player. The suit claimed the NHL was liable for Boogard’s brain injuries and addiction to prescription pain medication which led to his death. Boogard was considered an “enforcer” on the ice, and played with the New York Rangers and Minnesota Wild over his six-year professional career. He died in 2011 of an overdose
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Bicyclist Collisions On the

Bicyclist Collisions On the Rise Reinforces Disturbing Trend in Colorado

On June 8, a collision between a bicyclist and a Toyota SUV led to a 52-year old cyclist’s death along South Wadsworth Rd in Littleton. According to the responding CO State Trooper, two cyclists were traveling along the edge of the roadway when the one cyclist abruptly veered in front of the approaching vehicle and was fatally injured. The roadway was closed down for several hours afterward; no one has yet been charged in the accident. Colorado Roadway Fatalities Rising
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Student Illness Caused by

Student Illness Caused by Gas in Boulder Valley School District Building

A civil case is underway in Boulder County District Court where the parents of a former Casey Middle School student claim gas from the sewer system made their daughter ill for a lengthy period of time. Margaret and Randall Smith claim their daughter suffered illness from exposure to hydrogen sulfide emanating from the sewer. The smell of rotten eggs had aroused suspicions of a problem since the school was reconstructed in 2010. During the 2014-15 school years, both parents and
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Jury Awards $225,000 in

Jury Awards $225,000 in a Durango Injury Case Based on Premises Liability

A four-day trial concluded recently in the Colorado’s 6th Judicial District Court, with a jury awarding $225,000 to Kathy Sloan, who was injured in front of Maria’s Bookshop, a local bookstore that has been in Durango for over 30 years. Sloan had visited the store for a purchase and was exiting the retailer when she attempted to dodge an oncoming pedestrian. In her efforts to avoid a collision, Sloan’s foot landed in a dog water bowl resulting in damage to
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Civil Claim Underway for

Civil Claim Underway for Inmate Injured in Denver Courtroom

A civil case is underway in Denver resulting from injuries to an inmate that occurred in a courtroom. Anthony Waller was in custody at the Downtown Detention Center and was escorted in shackles to a court appearance by sheriff’s deputy Brady Lovingier. During the proceedings, Waller was speaking to the judge when he abruptly slammed into a metal window frame. Waller is seeking damages, claiming that Lovingier caused the injury by grabbing his waist chain suddenly. Kenneth Padilla, Waller’s attorney,
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Michigan Appeals Court Dismisses

Michigan Appeals Court Dismisses Negligence Case in Student Death

A lower court ruling was recently upheld by the Michigan State Court of Appeals against Marysville High School. The plaintiff, the student’s father, brought a civil case claiming negligence and intentionally inflicting emotional distress which they claim led to the suicide death of 17-year-old Steven Jahn. The court concurred with the ruling that the defendants in the case were shielded by governmentally-based immunity. Jahn allegedly committed suicide by driving his vehicle into a concrete barrier while traveling on Interstate 69
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