Auto Collision – El Paso County
August 2006
Back and neck pain – Not a surgical candidate
Total medical expenses: $37,765
Final offer before trial: $37,500
TOTAL JUDGMENT: $173,318
EL PASO COUNTY DISTRICT COURT
Robert Maijala vs. Ulrich Tobiasch and Entegris, Inc.
Case No: 04-CV-2293
Judge: Edward Colt
Trial Dates: August 15, 2006 – August 19, 2006
Plaintiff’s Attorneys: David S. Hoover (Hoover Law Firm)
Defendant’s Attorney: Robert K. Jones (Jones Waters & Geislinger, LLC)
Type of Claim: Personal Injury – auto/truck collision. Plaintiff Robert Maijala alleged that on August 21, 2001 at about 2:00 pm he was driving his 2000 Ford F-150 pick-up truck southbound in the right lane on 1-25 just north of Colorado Springs. Defendant Ulrich Tobiasch sped past plaintiff in the left lane driving a 1995 Toyota Corolla and lost control of his vehicle, spinning off the right side of the highway in a clockwise motion. Plaintiff claims defendant’s vehicle collided with the side of Plaintiff’s vehicle, causing Plaintiff injuries. Both parties were working at the time of the accident. Defendant admitted that he was employed by Entegris, Inc. at the time, and that he was within the course and scope of employment when the accident occurred. Both parties admitted that the road conditions were wet at the time of the accident, and the investigating officer commented that there were “at least 20 other accidents” at the same place throughout that day.
Injuries Alleged: While Robert Maijala expressed no physical complaints the day of the accident, he woke up the next morning with back and neck pain. Mr. Maijala’s treating physicians ultimately concluded he was not a surgical candidate, and was, instead, treated with steroid epidural shots and physical therapy. Plaintiff had approximately $37,765 in medical expenses, claimed loss of past and future income, as well as pain and suffering. Plaintiff neglected to tell his physicians or attorneys about treatment for previous back injuries, which was revealed just before trial, and that plaintiff was treating for numerous symptoms of chronic neck and back pain prior to trial.
Final Demand Before Trial: No demand filed.
Final Offer Before Trial: $75,000 Offer of Settlement filed by the defendant’s attorney and was withdrawn when the Defendant settled with Pinnacol Assurance. Before trial, a verbal offer of $37,500 was made by the defendant.
Plaintiff’s Expert Witnesses: Donald Corenman, M.D. (orthopedic surgeon) Timothy Sandell, M.D. (treating physical medicine and rehabilitation specialist) Doris Shriver (occupational therapist) Wayne Gardenswartz, CPA (economist)
Defendant’s Expert Witness: Neil Pitzer, M.D. (physical medicine and rehabilitation IME)
Verdict: For the plaintiff, Robert Maijala:
- $70,436.00 for economic damages
- $35,218.00 for non-economic damages
- $63,338.00 for physical impairment/disfigurement damages
Total Verdict: $168,992.00
Note: Prior to trial, Plaintiff received Worker’s Compensation from Pinnacol Assurance and eventually settled with Pinnacol for approximately $70,436. Furthermore, just weeks before trial, Pinnacol assigned its subrogation interest to the tortfeaser’s insurance company, State Farm, for $37,500. After a Jorgenson hearing, Judge Colt offset the jury’s verdict by the $70,436 that it awarded for economic damages, bringing the total amended judgment to $98,566.00 plus interest and costs.
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