Bus Lift Accident – Jefferson County
May 2008
Injuries to the low back necessitating two surgeries
Total medical expenses: $264,000
Final offer before trial: $400,000
TOTAL JUDGMENT: $1,108,731
Marcy Seldon and Dan Seldon N. Busco Inc. Arrow Stage Lines and James DeHaven
Case No: 06-CV-3787
Judge: Randall C. Arp
Trial Dates: May 13 – 20, 2008
Plaintiffs’ Attorneys: David S. Hoover (Law Offices of
David S. Hoover)
Defendants’ Attorneys: Peter F. Jones and
George Koons, III (Hall & Evans, LLC)
Type of Claim: Personal injury – accident – and loss of consortium. Marcy Seldon, the plaintiff, was injured on January 25, 2006. She was a volunteer for Clement
Senior Center in Lakewood, Colorado, when she picked up Louise Weech, who was handicapped and in a wheelchair, to accompany her on a trip to Blackhawk.
Defendant Busco Arrow Stage Lines owned the bus that transported the plaintiff and Louise Weech. Defendant James DeHaven was the driver of the Busco bus and
was in charge of operating the lift used to lift wheel-chair patrons onto the bus. Ms. Weech was placed on the wheelchair lift, loaded into the bus and placed in the handicapped area. Marcy Seldon boarded the bus and sat down. Defendant DeHaven had difficulty retracting
the lift. Mr. DeHaven was attempting to lower the wheelchair lift with Ms. Weech on it when the lift pinned his finger, and he screamed for help. Marcy Seldon claimed she suffered back injuries when she attempted to grab and pull Ms. Weech off the lift in
order to remove the weight from the lift that was trapping defendant DeHaven. The defendants claimed the following: Marcy Seldon was comparatively negligent; she suffered from pre-existing injuries; she assumed the risk and failed to mitigate her injuries and damages. And, the defendants asserted that the plaintiff failed to join a necessary and indispensable party, the manufacturer of the wheelchair lift.
Injuries Alleged: Marcy Seldon: Injuries to the low back necessitating two surgical procedures. Lost income, pain and suffering and disfigurement. Approximately $264,000 in medical bills. Dan Seldon: Loss of consortium.
Final Demand Before Trial: $1.9 million according to the defendants’ attorneys.
Final Offer Before Trial: $400,000 according to the defendants’ attorneys.
Plaintiff’s Expert Witnesses: Jeffrey Kleiner, MD (orthopedic surgeon)
Doris Shriver, OT (occupational therapist, by deposition)
Wayne Gardenswartz, CPA
Defendant’s Expert Witnesses: John Hughes, MD (occupational medicine)
Greg Taylor, CPA
Verdict: For the plaintiffs, $881,925.27, plus statutory interest from the date of the accident, January 25, 2006, and costs.
© 2008 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.
