Slip and Fall – Larimer County

December 2009
Chronic low back painŸ
Final offer before trial:  $75,000
TOTAL JUDGMENT:  $114,440

LARIMER COUNTY DISTRICT COURT

Jon Coelho v. Washington Properties IV, LLC

Case No: 08-CV-297

Judge: Stephen J. Schapanski

Trial Dates: December 1 – 4, 2009

Plaintiffs’ Attorney: David S. Hoover (Hoover Law Firm)

Defendant’s Attorney: Steven J. Dawes (Light, Harrington & Dawes, PC)

Type of Claim: Premises liability – fall on exterior stairs. On July 17, 2006, the plaintiff, Jon Coelho, was visiting a friend at the defendant’s apartment building located at 1414 East 7th Avenue in Loveland, Colorado. The plaintiff said that as he descended the outside wooden stairs, one of the stairs broke and the plaintiff fell and injured his back. The plaintiff claimed the defendant had failed to exercise reasonable care in the maintenance of its property as there had been notice­able prior repairs to the stairs. At the time, the plaintiff weighed approximately 440 pounds and was 6 feet 8 inches tall. He has a profound speech impediment (stut­tering), and worked as security in a strip bar and was a body guard for Boston Billy Duarte, a professional poker player. The parties stipulated that pursuant to the Colorado Premises Statute, the plaintiff was a social guest and was therefore a licensee. The defendant denied liability under the Premises Liability Act and denied causation for the plaintiff’s claimed injuries and damages. With respect to the wage loss claim, the defendant contended that the plaintiff was unemployed at the time of the accident and had previously been employed at a strip bar. The defendant claimed the plaintiff was not visiting a tenant at the time of the fall. The defendant denied knowledge of a dangerous condi­tion and claimed that the stairs had always been rea­sonably maintained. The defendant said that the plain­tiff was deconditioned and overweight when he fell.

Injuries Alleged: Chronic low back pain resulting in permanent impairment and loss of income of $450,000. The plaintiff’s medical expenses were $6,000.

Final Demand Before Trial: $95,000.

Final Offer Before Trial: $75,000 the day trial began.

Plaintiff’s Expert Witnesses: Jeffrey Donner, MD (orthopedic surgeon) Doris Shriver (occupational therapy and vocational rehabilitation) Wayne Gardenswartz, CPA (economist) H. James Royston, MS, PE (structural engineer)

Defendant’s Expert Witnesses: Jeffrey Sabin, MD (orthopedic surgeon) Gregory Taylor (economist) Patrick M. Renfro (occupational therapist)

Verdict: For the plaintiff Jon Coelho:

  • $36,410.30 for economic losses
  • $25,000 for non-economic losses
  • $5,000 for physical impairment.

Total: $66,410.30 plus statutory interest and costs. Note: The judgment was amended to include interest and costs of $48,030.13, resulting in a total judgment of $114,440.43.

© 2010 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.

Slip and Fall – Larimer County was last modified: April 9th, 2013 by David S. Hoover
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