Over the last few years, new laws regarding distracted driving have been added all across the nation as many Americans are simply using their mobile devices constantly. A 2016 California-based survey indicated that 44% of people feel that texting while driving is the most dangerous form of distracted driving. Over 50% of respondents stated that they had been involved in a collision, or nearly in a crash because another driver was using a mobile device. In fact, the problem is so worrisome
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The Colorado Department of Transportation (CDOT) is working hard on efforts to improve I-25. Between 2011 and 2015, there were 5,537 collisions along I-25 between Colorado Springs and C-470. In particular, there is an 18-mile stretch from Monument to C-470 that has been especially known for accidents. CDOT has launched their latest program titled “Mind the Gap”, which specifically focuses on this stretch of highway. The car accidents are largely either rear-end or sideswipe collisions among vehicles moving in the same direction, as well
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There is little doubt that Colorado needs to remain focused on roadway safety after having 605 fatalities in 2016. The problem is not limited to passenger vehicles, as there were 125 fatalities among motorcyclists, 94 among pedestrians and 16 among bicyclists. These numbers represent over a 10% jump from the previous year, and the problem has received attention by the Colorado Department of Transportation, the State Highway Patrol and other such agencies. We are still a few years away from truly beginning
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The Colorado Department of Transportation (CDOT), through the RoadX program, is working on several initiatives involving new technology and innovative strategies to make our roadways safer. The Smart 70 program will test Vehicle-to-Infrastructure (V2I) communications along I-70 including higher-risk, mountainous segments. V2I communication allows infrastructure along our roadways to exchange important information. Another term commonly used in describing this concept is Intelligent Transportation Systems (ITS). Some examples of infrastructure include traffic signals, strategically placed sensors, and overhead message signs. The benefits of this connected
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Colorado is moving forward to determine the feasibility and benefits of using a new technology called vehicle-to-vehicle (V2V) communication. The Colorado Department of Transportation (CDOT) is continuing their RoadX program and has an exciting pilot program upcoming in conjunction with a company known as HERE. HERE specializes in mapping technology and real-time data analytics to evaluate vehicle-to-vehicle communications. The venue for the pilot will be I-70, which extends across the state and passes through dangerous mountain regions that receive significant snowfall. The channel
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Colorado Governor John Hickenlooper signed legislation recently allowing for controlled testing of autonomous vehicles as long as it can be done while adhering to the current roadway rules. Hickenlooper says he is seeking a way of maintaining regulations while not creating “red tape” that could hinder innovation. State Senator Owen Hills explained that the new policy is not intended to outline a detailed set of how smart cars should be operated, instead to simply make certain the testing is safely conducted. Much
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According to the National Highway Traffic Safety Administration, there were 35,092 fatalities in vehicle accidents in 2015. This was a 7.2% increase over the prior year and the highest rise in the U.S. since 1966. Anthony Foxx, the U.S. Transportation Secretary, issued a need for action among data experts, safety specialists and others to determine the causes and create solutions. Here in Colorado, there were 546 such fatalities in 2015, representing a staggering 12% increase over the previous year. We do not
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In this five-part series, we have identified the leading contributing factors and causes of auto accidents including human contributions, weather, and road conditions. In this final segment of the series, we will focus on what is being done in Colorado to prevent accidents. The 2017 Integrated Safety Plan (ISP) published by the Colorado Department of Transportation (CDOT) outlines programs, initiatives, goals, and funding. It is truly an integrated plan that involves the National Highway Traffic Safety Administration (NHTSA), Federal Highway
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This is the fourth of a five-part series that addresses the many factors that can result in traffic accidents and the injuries, fatalities, property damage and other societal harm associated with them. In Colorado, we enjoy all four seasons of the year and can be subjected to quickly changing the road conditions. Here we will seek to understand the different challenges that drivers encounter such as muddy, icy, or snowy conditions and identify the best practices for traveling safely. Colorado
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In the third part of the series, we look at another factor in vehicle accidents—weather conditions. Colorado’s geography and terrain allow for beauty and great recreational activities, yet many of the state’s roadways travel through mountainous regions that receive massive amounts of snow. Due to these changes in elevation, drivers face significant stretches of roadway with sharp inclines and abruptly changing weather conditions. During the winter, the possibility of ice on the roadways is extremely dangerous. Weather is obviously a
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This is the second of a five-part series that explores the many factors that contribute to traffic accidents and their often devastating consequences in the U.S., and chiefly in Colorado. The state’s Department of Transportation explains in their 2017 Integrated Safety Plan (ISP) and Strategic Highway Safety Plan (SHSP) that, in order to further progress toward the goal of “Zero Deaths” along Colorado roads, knowledge is critical. The ISP recognizes the three contributing factors in auto accidents: the roadway, the
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This is the first of a five-segment series that seeks to explore the causes of vehicle accidents in the U.S., particularly in Colorado. The series is focused on prevention. There are a host of factors in vehicle accidents which can be broadly differentiated as being caused by human or non-human reasons. Vehicle accidents have negative consequences that are overtly tragic and life-altering, such as severe injuries and fatalities; however, there are also less publicized, yet still impactful outcomes such as
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Isaak Komisarchik, an 82-year-old Denver man, died in a parking garage elevator recently, although he had twice pushed the emergency notification button. Komisarchik, who was believed to have dementia, was unable to exit the elevator and was discovered by maintenance staff after residents complained of an odor in the area. The man’s reduced mental state is believed to have played a role in his inability to exit the car. The Denver Fire Department made the discovery in the garage, which is adjacent
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David Dyer was operating a speedboat recently that was in a collision with a bass boat which killed Danny Phillips and Shawn Lanier on Lake Murray in South Carolina. Dyer survived and denies acting in a negligent manner when the crash occurred. The family for Lanier filed a wrongful death claim against Dyer citing reckless operation of the boat and for failing to assist those aboard the other boat when the accident occurred. Meanwhile, Dyer has filed a claim against the Phillips’
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In civil cases, such as claims of personal injury or wrongful death, many potential types of documents may be presented to the court. The Federal Rules of Civil Procedure (FRCP) contain certain requirements that the courts impose that are procedural in nature, as well as stipulations concerning that the information contained is factual. For this reason, those bringing a claim should always seek capable legal representation from an experienced lawyer. When a party submits documents such as pleadings or motions, it
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When a child dies, many parents feel as if an integral part of them has died. Immense feelings of sadness and grief plague bereaved parents in a manner that is unparalleled. However, in the event that a child’s death could have been prevented – which is also known as a wrongful death – these feelings are exponentially magnified. In the nation, parents are able to file a lawsuit against any individual, organization or entity that they believe to be legally
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A U.S. law enforcement officer shoots a dog on average every 98 minutes; in fact, roughly 10,000 pet dogs are killed this way each year. In Colorado & Texas, enacted laws require officer training on being humane toward animals. The Cincinnati Enquirer reports that since 2010, the city’s police department has either used a taser or a gun on a dog on at least 82 occasions, roughly once per month. Of those 82 dogs, 25 of them were killed, most involved a
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The Denver Post reports that Nationwide Insurance recently used a device which is installed on vehicles to track a driver’s habits that may signify dangerous vehicle operation such as abrupt braking and rapid acceleration. The findings indicate that Colorado drivers tend to rapidly accelerate much more than drivers in other states. The Thursday morning work commuters demonstrated the most aggressive driving, followed by those driving on Sundays. Colorado is among several states with overly aggressive drivers including Washington D.C., New
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The Federal Rules of Civil Procedure (FRCP) guide civil actions in the U.S. District Courts. The FRCP provides a comprehensive framework for fair, efficient, and economical execution of civil proceedings. The Supreme Court implemented the original version in 1937, and the 12 titles have been revised and amended over the years. Title 1 – FRCP Scope: Summarizes the overall mission of uniformity and equitable administration of federal civil actions. Title 2 – Commencement of Suits: How suits are initiated via complaint and the processes
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The Federal Rules of Civil Procedure (FRCP) outline procedures in civil matters in U.S. District (federal) courts. These rules are initiated by the U.S. Supreme Court in accordance with the Rules Enabling Act, then Congress has a period of seven months to veto the rule or it becomes law. The Federal Judiciary has a Judicial Conference, which typically recommends changes to the rules. Federal courts must apply individual state laws when deciding cases; however, if state law is ambiguous, the FRCP can
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O.J. Simpson was recently granted release via parole from a Nevada prison. He still owes a $33.5 million civil judgment in the wrongful death case involving Nicole Brown and Ronald Goldman. The judgment was renewed in 2015 for an additional ten-year period. What property and assets are shielded from such civil judgments? Some states allow those awarded a judgment to garnish the earnings of individuals. Simpson maintains residency in Florida, which limits garnishments to 25% of earnings. The state also has strong “homestead” laws
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When a court awards a civil judgment, it does not always result in a quick payment. Judgments must be collected before the expiration date. County court judgments run six years, while those in district courts extend it to twenty years. The party who is owed the award is known as the Judgment Creditor and the party who is responsible to pay the award is the Judgment Debtor. If an uncollected judgment is nearing expiration, you can petition the court for an extension. Remember, you
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An 18-year-old man from Santa Fe, NM, is alleged to have been responsible for the death of Corrina Vaden, an Aurora, CO woman while operating a vehicle under the influence of alcohol in a severe crash which also injured two other passengers. Luke Griffin is facing criminal charges of vehicular homicide, DUI, and others, and was reported to have been well beyond the legal limits for being impaired. New Mexico’s alcohol threshold for operating a vehicle is merely .02 for those under
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Paul Sizemore and his wife Jennifer Lenze were vacationing from California and went on a whitewater rafting trip hosted by Blazing Adventures in Aspen, CO. Sizemore, age 44, was knocked from the raft amid a stretch of the river referred to as “Hell’s Half Mile” and was unable to be rescued. His wife brought a claim of negligence and wrongful death against the company and several employees. All participants in these excursions must sign a document known as a “Participant Agreement for
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Legislation is well underway in the U.S. House that will mandate that all helicopters now be manufactured with crash-resistant fuel tanks. In 2015, a fatal helicopter crash in Frisco claimed the pilot’s life and severely injured two others. Jared Polis and Ed Perlmutter, both U.S. Representatives from Colorado, are sponsoring the bill. Perlmutter said that although the problem was detected years ago, nobody has required that a solution is mandated for this hazard. Those investigating the incident feel that the crash may
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The Denver Post reports that people and animals continue to be bitten by venomous rattlesnakes across the state. A family in Hayden says their dog was recently taken to Dr. Wayne Davis at Craig Veterinary Hospital for the treatment of two bite wounds and was administered anti-venom medicine. Davis has treated a total of 12 bitten animals so far this year. The veterinarian thinks the increase in the snake population stems from a surge in the population of ground squirrels–their preferred prey.
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This premises liability case reached the Colorado Supreme Court. A claim was brought against William and Gladys Franklin, who were homeowners with a swimming pool where a severe injury occurred. James Vigil, who is mildly mentally retarded, was working at the home as a laborer as part of a program for the Arkansas Valley Handicapped Community Center. Vigil decided to dive into Franklin’s above-ground pool, which was only four-foot-deep. When he dove, Vigil’s head hit the bottom of the pool, causing significant
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Michigan’s Supreme Court ruled on a personal injury case involving Virginia Rawluszki, who was killed when hit by a truck in a parking lot of a Menard’s home improvement store. The court unanimously decided to leave the appeals court decision in place and have them try the case with a jury, or reach a settlement. The family of the deceased asserts that the retailer should have installed stop signs at a crosswalk they created in the lot. The defense says that the
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The Colorado Gazette reported that a hot-air balloon ride with 17 passengers was forced into a crash landing in a retention pond near Orlando. An unexpected shift in the wind forced the pilot to land in the water to avoid power lines. The pond is known to be a home to several alligators. According to Orlando Balloon Rides, the pilot, who had over 2,000 hours of balloon flying experience, was able to navigate a landing safely and there were no injuries. Both
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This Fourth of July several Colorado communities decided to cancel their annual fireworks displays due to the heightened risk for fires. The regions have all been experiencing hot and dry weather, coupled with high winds, are a combination that is conducive for quickly spreading fires. The Public Information Office of the Durango Fire Department stated that the fireworks would pose to great a safety risk. A recent house fire in Durango spread to a wildfire that burned across 400 acres of land.
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Armor Correctional Health Services Inc. is a company that presently provides medical care services to approximately 40,000 inmates in the U.S. The Miami-based organization was recently awarded a contract for the jail facility located in El Paso County, CO. The value of the contract for this 1,500 bed facility is estimated to reach roughly $40 million. Last year, Armor was prohibited from providing care in the state of New York after a series of deaths occurred. The company is said to have many pending
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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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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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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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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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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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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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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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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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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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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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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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A controversial neck hold was applied by police to an unarmed man at a Las Vegas casino. Toshii S. Brown was unable to be revived after he fled two pursuing officers through The Venetian and ultimately was restrained by a “lateral vascular neck restraint”. Critics of the maneuver claim it is simply dangerous to use, as some officers may hold the position, which can lead to death by choking. The police department states that this hold has been applied by
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The much-anticipated state inspection report regarding a Ski Granby Ranch chairlift accident which sent 40-year Kelly Huber falling 25 feet to her death has been completed. A spokesman told the Denver Post that this was a very unlikely occurrence, and with the additional changes to be implemented, it will likely not occur again. The lift system known as the Quickdraw Express allows for operator adjustable speed changes, which led to Huber’s fall and death. The daughters were examined in the
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The Colorado Senate is focusing on motorist safety with new legislation. Senate Bill 17-229 involves motorists who fail to exercise care as they pass stationary vehicles that are displaying their visual signals. Currently, those in violation of exercising caution nearing the emergency or towing vehicles along the roadway are committing a Class A traffic offense. The bill makes an addition to include municipal utility service vehicles. The penalty for a motorist who causes bodily injury will be increased from a
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In February, Timothy Piazza, a 19-year old Penn State University student died after collapsing down a staircase at a fraternity party while heavily intoxicated. Eighteen members of Beta Theta Pi have been charged criminally in connection with the death, following participation in a drinking game. The authorities were not notified for 12 hours. Piazaa’s family retained a Philadelphia-based attorney for a civil suit, which may be pursued parallel to the criminal case. So far there had been conflicting accounts of what
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Authorities in Cambridge, MA conducted an accident reconstruction of a collision which killed a 27-year old female bicyclist. Amanda Phillips was traveling down Cambridge Street when she struck an open car door which pushed her in front of a moving landscaping truck. Bicyclists use the term “dooring” to refer to a situation where someone opens a car door in front of an approaching cyclist. The results can be serious injuries—and even death. The “Door Zone” Analysts refer to an area
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A man that was driving down Foley Avenue in Coon Rapids, MN abruptly fell asleep at the wheel and missed a turn. His vehicle remained heading straight toward a home; however, his car hit a parked truck which woke him and prevented the potential catastrophe. Police reported that the man was transported to a local hospital for treatment. AAA reports that those who sleep five hours per night or less have a four times greater likelihood of being involved in
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In a South Carolina district court, the 2017 case of Nationwide Mutual Insurance v. Van Sickle & Rush challenged whether insurers could be responsible for paying liability claims stemming from accidents where the insured had loaned their vehicle to someone and caused an accident. Appolina Rush was driving a car borrowed from a Nationwide Insurance customer when she injured a couple (the Van Sickles) in a collision. The Van Sickles brought a suit against Rush and Lois Prince, the vehicle
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The month of May has been designed as Motorcycle Safety Month and the Colorado Department of Transportation (CDOT) has initiated a program to encourage motorcyclists to attend training programs currently available across the state. Sam Cole, a department spokesman, says that riders should take advantage of the available training, as riders who are simply mediocre should not be operating on the roads. In 2016, Colorado had 125 motorcyclist fatalities, which is a 15% rise from the prior year. This fatality
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Florence police and Fremont County sheriffs responded to a call regarding an unresponsive infant. 9-month old Rhett Walker was pronounced dead, which has led to a civil suit of wrongful death against defendants Christine and Sean Humphrey and James and Connie Clark. Rhett was brought to her day care provider in a car seat. Defendant Christine Humphrey placed the infant in the seat in the living room. Upon returning from another room, Humphrey noticed the seat had flipped over. She
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Back in 1854 on the Great Lakes, a steamboat collided with a schooner causing it to sink while loaded with freight. The schooner was insured and the defense argued that they had already been paid for the replacement. The court would not make any reduction in damages stating that the insurance had no relevance to the case. Many states still employ the collateral source rule (including Colorado), which existed under common law. The rule states that recovery for damages will
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Auto accident-related deaths of pedestrians are rising more rapidly than fatalities among motorists, approaching 6,000 annually. As a part of fatalities from 2016 crashes, approximately 15% are among pedestrians compared to 11% from 2015. Experts attribute this trend to lower fuel prices and more people walking for exercise and environmental purposes. The largest contributor may be that both drivers and walkers are simply distracted by usage of mobile devices, but this cause it rarely documented and goes unreported. Denver is
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It appears that a settlement has been reached in the wrongful death case of a couple killed in a head-on collision. The family of Bertha & Ruben Betancourt filed suit in Santa Barbara County Court against EAN Holdings, Enterprise Rent-A-Car and Shaquille Lindsey, the driver. Lindsey’s vehicle apparently crossed into the opposite lane at a pace exceeding the speed limit by over 20 mph. Lindsey was alleged to have been intoxicated. Grounds for action included wrongful death based on negligence,
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The City of Greeley has apparently settled their third personal injury claim so far this year. They have paid out at least $725,000 in these incidents where fault was determined. This week, the city agreed to pay $225,000 to Jerry Hill, a pedestrian who was struck by a recently retired police officer who was driving an unmarked police vehicle. Hill suffered several injuries to the head, shoulders, and knees after being impacted in a crosswalk at 9th Avenue and 10th
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According to the National Conference of State Legislatures, there are presently 566 federally recognized tribes, in addition to a few recognized at the state level. Currently, in Colorado, there are two: The Southern Ute Indian Tribe of the Southern Ute Reservation and Ute Mountain Tribe of the Ute Mountain Reservation. Since these tribes are considered self-governing, they are similar to U.S. governmental entities in that they are afforded sovereign immunity which shields them from most litigation. Lewis v. Clarke Accident
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A snowboarder at Vail Resort named Peter Roskovich recently collapsed and went into sudden cardiac arrest. The Vail Ski Patrol sprang into action using an automated external defibrillator (AED) to temporary restore Roskovich’s pulse. Using a snowmobile, the patrol began transporting him to seek medical care. Strangely, Dr. Greenberg, a Vail Valley Medical Center cardiologist, happened to be skiing at the resort that day and upon realizing the circumstances, began further life preservation efforts during transport to the hospital. Greenberg
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The 2017 case of Ferrer v. Tesfamariam Okbamicael & Colorado Cab Company L.L.C. made it to the state’s Supreme Court. Plaintiff Jessica Ferrer and a friend were injured when Mr. Okbamicael’s taxi cab hit them while they crossed a Denver street. Okbamicael worked for Colorado Cab (Yellow Cab), who owned the vehicle. Ferrer sued both the driver and Yellow Cab citing the driver’s negligence and that Yellow Cab was vicariously liable based on respondeat superior. In addition, the plaintiff charged
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What Is the Collateral Source Rule? The Colorado collateral source rule states that even if an insurance policy or another collateral source pays your medical expenses, the defendant will be liable for the full amount of your medical bills. The collateral source rule aims to hold at-fault parties liable for their actions, even if someone else has already paid for the victim’s medical bills. If you had $10,000 in medical bills and your auto insurance policy gave you $10,000 to
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Colorado authorities have continued diligent efforts to improve roadway safety throughout the state. Unfortunately, 2016 was a difficult year statistically for CO, as an estimated 605 fatalities occurred during the year. This death toll included 125 motorcyclists, 84 pedestrians, and 16 that were riding a bicycle. This is an overall 11% increase over the 2015 statistics. Colorado is among the many states that uses cameras for enforcement of speeding and red-light type violations. As ticketing associated with automatic photographs becomes
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A highly publicized incident was caught on video aboard a United Airlines flight preparing to leave from Chicago. After the passengers were aboard, the airline made an announcement that it was overbooked and offered $400 travel vouchers to those willing to take another flight. After nobody volunteered, the offer went to $800 and then $1000. Apparently, some United Airline employees were needed aboard that flight and no remaining seats were available. Dr. David Dao, a 69-year old physician, refused to
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The Westin Peachtree Plaza in downtown Atlanta is a fixture amid the skyline with a lengthy list of amenities. The site spans over 80,000 square feet and stands over 70 floors tall. The Sun Dial restaurant is unique because it rotates, offering dining guests a spectacular 360-degree overview of the city. In a bizarre sequence of events, this venue has endured three tragedies recently, which are all currently civil matters of wrongful death. Sun Dial Restaurant Death A 5-year old
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Recent National Law Review studies indicate that peripheral nerve injuries seem to be increasingly cited in cases of personal injury. National estimates reveal that nearly 20 million individuals suffer from some variety of damage within their peripheral nerves. While many injuries are clearly apparent in auto accidents, such as wounds or fractures, peripheral nerve damages often exist covertly. Sometimes the symptoms may remain dormant for periods of several weeks. Many of these occurrences originate in accidents and reinforce the importance
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The Consumer Financial Protection Bureau (CFPB) recently in conjunction with the New York attorney general are taking RD Legal Funding LLC to court for violations said to be related to federal and state laws concerning consumer protection. A suit filed in the U.S. District Court for the Southern District of New York indicates that the organization was targeting former NFL football players who were to receive settlements from a class-action suit based on concussion injuries they sustained. In addition, RD
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The United States Postal Service (USPS) released their annual report regarding dog attacks on U.S. mail carriers. Approximately 6,755 postal employees were attacked by dogs in 2016, a 3% increase from 2015. Denver reportedly ranked #7 on the list with 47 incidents. USPS spokesman Mark Saunders says that larger cities have the highest frequency of incidents, attributed to greater population density. The Center for Disease Control estimates that 4.5 million dog bites occur annually. Nearly one of every five of
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SpeedVegas, Las Vegas’ indoor 11-mile auto racing track re-opened after 12 days of closure following the death of two individuals racing a Lamborghini that crashed and caught fire. Employees stated there were five crashes in the 1st year of operation. SpeedVegas rents performance cars for track usage without speed limits in vehicles capable of reaching 150 mph. A lawsuit was settled with undisclosed terms; Dominic Gentile, attorney for the plaintiffs, stated simply that “we resolved the matter” with confidential terms.
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In 2016, there were zero deaths from crashes among U.S.-certificated scheduled airlines. This is the 7th year in a row that this feat has been accomplished. On the non-commercial side, The Aviation Safety Network reports that there were 18 fatal airline crashes in 2016 and 14 in 2015. The worldwide fatality rate is roughly one per 3.2 million flights. Two Colorado men were killed in 2014 when their helicopter collided with a small plane and the civil case is currently
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With the emergence of spring in the Denver area, more citizens are out walking. In a bizarre coincidence this Saturday, two pedestrians collided with cars along different points on Park Avenue. The first was near the intersection of E. Colfax Ave., and the other, two hours later, was close to the Lawrence St. junction. The pedestrians in both accidents sustained injuries and were transported to hospitals. 2016 Pedestrian Death Toll The rate of pedestrian fatalities is rising more rapidly than
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The Colorado Department of Transportation published their findings regarding traffic fatalities for 2016. Overall, there were 607 traffic accident fatalities for the year. Of the fatal accidents, roughly 190, or 31% of these instances involved individuals operating under the influence of alcohol or drugs. These numbers indicate that CO has plenty of room for improvement in driving safety. Parker v. Ford Motor Co., Action Gator Tire, & Cooper Tire Katie Parker’s family filed a defective auto product and wrongful death
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A new study by Allianz Global Corporate & Specialty suggests that the environment for risk is in a constant transition with the emergence of new potential liabilities. As technology continues to evolve, new scenarios which can produce tremendous liability begin to surface. Their report examined liability insurance claims in over 100 countries in many industry sectors. In the last five-year span, insurers doled out an estimated $9.3 billion for such claims, over 80% were attributed to ten areas of concern.
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Major League Baseball claims to have stepped up efforts to reduce fan injuries from being hit by foul balls and broken baseball bats. Rob Manfred, league commissioner, urged teams to expand the implementation of safety netting along the areas close to the field. For some reason, even with the expanded safety precautions, it seems that the problem is escalating. A New York Daily News reporter recently expressed concern that the problem may not be fully addressed until there is a
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Sexual assault is any variety of sexual contact or conduct that happens which lacks explicit consent by the receiver. Examples include forced intercourse, child molestation, incest, groping, and attempted rape. Someone who submits based on fear is not consenting. These acts of power or control usually are committed by perpetrators that the victim knows. Sexual activity that lacks consent is assault; those heavily intoxicated are at higher risk of being assaulted. University of Colorado’s Large Study A study named The
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The Colorado Legislature has a bill in progress to modify the state’s collateral-source rule. In prefacing the potential law, the Senate explained their overall outlook on auto accident liability. They acknowledge the devastating effects that are inflicted including death, severe injury, and property damage as a result of vehicle operator negligence. Another major concern is the increasingly heavy financial burden that responsible drivers face in auto insurance premiums that are partially caused by embellished and inflated billed amounts for medical
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The Colorado’s Drug Dealer Liability Act (DDLA) allows for civil actions against drug dealers. Those who are active in the illegal drug market may face liability for damages incurred by users of their products. There is a similarity between how this Act functions and how actions of consumer product liability do, as it holds a party responsible for the harm caused by their product. The consumer product liability law in CO is geared to target the manufacturer of defective or
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Steven Lorenz was 17 years old when he was sold a fatal dose of amphetamine, which he thought was the drug Ecstasy. His family brought suit under The Illinois Drug Dealer Liability Act (DDLA), which allows drug dealers to be pursued in civil actions for damages caused by the drugs they provide. Steven’s father felt that he should proceed with the case to heighten awareness about the dangers of drugs, and hopefully discourage drug dealing activities. He cited “symbolic” reasons
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In 2010, William Schlenker and his son Richard were traveling on a road near Meeteetse at approximately a rate of 50 mph. Defendant Terry Jones was driving a semi-truck pulling a secondary trailer that was overloaded with 30,000 lbs. of hay. Jones took a sharp turn which abruptly sent the load of hay crashing into the Schlenker’s vehicle. Although they were wearing seat belts, William broke a rib and his wrist, while Richard suffered a broken neck. Jones acknowledged fault
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The U.S. Consumer Product Safety Commission announced a product recall that is underway for Britax child safety strollers which feature their Click & Go receiver mounts. The models involved are the Britax B-Agile and BOB Motion stroller products. Over 600,000 units are believed to have been sold in the U.S and approximately 40,000 throughout Canada and Mexico. These strollers are defined as “folding, single or double occupant” units where the Click & Go receiver attaches the carrier of the car
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In 2012 the KY Supreme Court ruled that landlords may be subject to liability in incidents where a dog owned by their tenant bites someone. The decision includes the property landlord as a “dog owner” in such cases, even if they were unaware of the presence of a dog on the property. This week that ruling was reversed, limiting liability to solely the owner of the animal. Supporters of the reversal cited that landlords were unfairly being subjected to increasing
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On March 17 many celebrate St. Patrick’s Day. Denver is hosting the 55th annual Emerald Celebration Parade, which culminates at Coors Field. Unfortunately, the holiday is also widely celebrated with excessive alcohol consumption and has become a dangerous day on our roadways. Drinking and driving takes roughly 10,000 lives in the U.S. annually. Approximately 30% of traffic fatalities are attributed to driver intoxication. In Colorado last year, over 26,000 arrests were made for DUI, and around 150 alcohol-related traffic accidents
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Colorado’s Legislature is passing a bill (HB17-1098) explaining financial liability for damage to rental vehicles. Most rental contracts state that rental agencies may collect for costs of repairs, towing expenses, and administrative fees. Recent controversy has related to “loss of use” fees, which cover agency losses when a vehicle is out of service for repair. Colorado law had not discussed this issue prior to a 2012 Supreme Court case. New York and Wisconsin have prohibited recovery of loss of use
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The families of two young men, killed in a boating accident off the coast of Miami in September of 2016, are suing the estate of former Miami Marlins pitcher Jose Fernandez for $2 million each. Fernandez was also killed in the accident. Fernandez was on the boat with his friend, Eduardo Rivera, and his recently met acquaintance, Emilio Jesus Macias. Although Fernandez owned the boat, investigators are still not sure who was driving the “Kaught Looking” when it crashed into
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A new disturbing trend is emerging that poses a threat to both other vehicles and pedestrians on and near our roads. As the U.S continues coping with the “opioid epidemic”, law enforcement personnel has encountered accidents where the driver has “overdosed” while behind the wheel. A report out of Virginia says all U.S. states are encountering the problems associated with abuse of heroin and pharmaceuticals for pain treatment. They estimate the number of individuals with an addiction to pain medication
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As part of the procedure in civil cases, both parties have the capability of making requests for court consideration. Motions are formal requests submitted to a judge to serve a variety of purposes. Examples include requests to continue (postpone) the proceedings, that an existing court order be modified, for case dismissal, and many others. The majority of these requests must be done in writing, unless during a hearing or trial, and notice is provided to the opposing party and/or their
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The concept of landowner premises liability in CO dates back to its roots within common law. In 1990, the legislators formally implemented the Colorado Premises Liability Statute § 13-21-115 and the majority of the provisions have remained the same since. In 2008, a case developed which triggered a challenge to the statute’s interpretation. This ultimately led to the need for the CO Supreme Court to interject and clarify the issue in Larrieu v. Best Buy Stores L.P. The Injury Gary
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The Colorado State Patrol claims that there is a 82.9% seat belt compliance rate. The state’s law requires that both front seat occupants of a motor vehicle wear their seat belt. It is no secret that seat belts can save lives in auto accidents. How does failure to wear a seat belt affect Colorado civil cases involving negligence and liability in auto accident injuries? Colorado Court of Appeals Case Defendant Jon Staples appealed a ruling for Plaintiffs Lilli and Leon
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In civil cases, the plaintiff can be awarded compensatory or actual damages such as hospital bills, medical equipment, and property damages. Exemplary or punitive damages may be awarded by the court also; however, these may only be pursued when the defendant’s actions are purposefully done. Exemplary damages must stem from the defendant’s intent based on fraud, willful or wanton conduct, or malice. Assuming that this burden of proof has been met, how do jurors determine a dollar amount to award
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Colorado remains diligent in their efforts to impede alcohol-related crashes and the potential injuries and fatalities they produce. During the Thanksgiving holiday, many are on breaks from work or school and attend social gatherings. Historical data shows that during this holiday span, a legion of drivers under the influence of alcohol are out on the roads. This year, the Colorado Department of Transportation (CDOT), the Colorado State Patrol (CSP), and others statewide executed their “The Heat is On” roadway safety
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In a lawsuit where an individual was severely injured, there are two types of financial compensation that can be awarded. Compensatory damages, often referred to as actual damages, are designed to compensate the victim for their losses. Examples of these could include medical bills, vehicle damage etc. Exemplary damages, or punitive damages, are awarded when the actions of another were influenced by some intent beyond simply negligence. Determining whether exemplary damages are applicable in a Colorado case involves measuring the
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A Colorado Court of Appeals case (2015COA129) involved a unique situation for assigning auto accident liability based on a doctrine of a joint venture. The Plaintiff, American Family Mutual, charges that Go Courtesy Ford (GCF) should be liable for injuries in a car accident. Kristin Hart visited GCF’s dealership considering a vehicle purchase. Hart and a salesperson went for a test drive, and the salesperson rode as the passenger and directed her route. Suddenly, Hart negligently turned and collided with
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According to the Rocky Mountain Insurance Information Association (RMIIA) approximately 16% of Colorado motorists are operating their vehicles without the state mandated auto liability insurance coverage. In comparison, the national average is approximately 12% in the US. The state has continually heightened efforts to improve means of communication between auto insurance providers and the state authorities responsible for enforcement. State Legislative Declaration In C.R.S. 42-7-102 the general assembly addressed the “human suffering, loss of life, limb and property” brought about
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Many parents may not be aware of a dusty law on Colorado’s books. Parents allowing their children to drive may be deemed liable for the results of their auto accidents. Variations of this law exist on a state-by-state basis. Traditional common law assigned parental liability based on who signed the child’s license application. Other states employ a “family purpose” law or will handle this issue under negligence by way of entrustment. Colorado’s statutes refer to this as the Family Car
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Cases of personal injury or wrongful death seek to recover economic compensation for harmed plaintiffs. Three ways that these civil cases can be concluded include a settlement, a trial, or an appeal. A settlement can be viewed as a “pre-trial compromise” that is reached through negotiations. Agreeing to a settlement is common, as it avoids further formal litigation. If no compromise can be made, then the case enters the trial phase. If the Plaintiff wins the trial, a judge or
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Of the types of tort, cases of negligence are the most common. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. Liability for harm that results from negligent actions or indifference can be brought in civil action against an individual, company, or responsible party in Colorado. Understanding Negligence Conduct defined as being negligent is clearly distinct from intentional tort. The negligent tortfeasor doesn’t have any direct intentions of creating harm
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Each year in Colorado during October and November, the various animal inhabitants of the state begin their journeys to the habitats where they reside during the winter. During these two months, the volume of wildlife-vehicle collisions (WVCs) spikes. These WVCs are almost as costly as they are dangerous to those traveling on roadways. According to the Rocky Mountain Insurance Association, these specific types of accidents cost insurance companies a tidy sum of over $1 billion annually in the US. Wildlife
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An Aurora, CO Cinemark movie theater was the setting in 2012 where a gunman, James Holmes, went on a shooting rampage that led to (12) fatalities and (70) injuries during a screening of The Dark Knight Rises. The Denver Post reports that a large group of survivors initiated a suit in state court shortly thereafter. The plaintiff alleged that poor security, such as having no armed guards on duty and insufficient security surveillance equipment, enabled the gunman to execute the
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Courts and lawmakers recently have presented challenges to Colorado’s Government Immunity Act (CGIA), which was established in 1971. Viewing the law historically, in 1946 the federal government passed the Federal Tort Claims Act (FTCA), permitting suits against the government in the federal courts. The act is interwoven with laws at the state level, as federal courts have jurisdiction for claims, but individual state laws are applied according to “”where the act or omission occurred.” Factors encouraging legislation included: Citizens seeking
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It is no surprise to a skier (or snowboarder) that there are risks of injury when participating in skiing. Traveling down a slope on skis, often at a high rate of speed, amid surface conditions that are likely to have patches of ice can certainly be considered risky. The majority of injuries that occur while skiing involves skiers colliding with other skiers or with objects, and skier injuries associated with the usage of ski lifts. The skiing industry in Colorado
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The ramifications of a driver falling asleep while operating a motor vehicle can be catastrophic. Accurately measuring the volume of auto accidents resulting from drivers who have “dozed off” is unlikely because there isn’t an effective way of determining if a driver was asleep at the time of an accident unless the operator discloses it. The National Highway Traffic Safety Administration (NHTSA) estimates that up to 20% of motor-vehicle-related deaths can be attributed to driver drowsiness. According to results of
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A recent headline on KDVR Fox 31 Denver indicated a disturbing trend that is emerging of motorcycle-related deaths in Colorado. They stated that the Colorado Department of Transportation recently completed their reporting based on the vehicle data for 2015, which showed that (106) fatalities occurred last year—an increase of over 11% from the prior year. Additionally, CDOT pointed out a startling statistic that although motorcycles account for a mere 3% of the traffic on our roads, they make up 20%
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Aside from comparative negligence, the doctrine of assumption or assuming the risk is one of the most common defenses alleged in personal injury lawsuits. Assuming the risk occurs when a personal injury plaintiff knowingly and voluntarily assumes the risk of harm associated with the negligence or careless conduct of the defendant that led to the plaintiff’s injuries. If it is proven that you, the plaintiff, assumed the risk then you will not be able to recover damages from the defendant.
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