Two Separate Auto Collisions – Jefferson County

December 2002
ŸNeck, shoulder and left wrist surgeryŸ
Final combined offer before trial:  $50,000
TOTAL JUDGMENT:  $306,717

Valerie George and Dennis Guern v. Francine Steinberg and Randy Rettenberger

Case No: 01-CV-1323

Judge: Christopher J. Munch

Trial Dates: December 16 – 20, 2002

Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)

Defendant’s Attorneys: Francine Steinberg: John P. Craver (White and Steele) Randy Rettenberger: Geoffrey S. Race (Wells Anderson and Race, LLC)

Type of Claim: Personal injuries resulting from two auto collisions. Randy Rettenberger admitted liability. Valerie George was involved in two automobile colli­sions. On April 17, 2000, the plaintiff was stopped at a red light when her vehicle was struck from the rear by a vehicle driven by Francine Steinberg. That collision occurred at the intersection of Kipling Street and 38th Avenue. On February 1, 2001, the plaintiff was driving east on 48th Avenue at the intersection of Ward Road in Wheat Ridge when the defendant Randy Rettenberger ran a red light and struck the plaintiff’s vehicle broad­side. The plaintiff alleged that she was injured in each collision. She continued working after both accidents and did not make a claim for economic damages. Francine Steinberg said that the majority of the plain­tiff’s injuries were attributable to the second accident. Randy Rettenberger admitted liability for the second accident, and disputed the nature and extent of the plaintiff’s injuries and damages.

Injuries Alleged: Broad-based disc herniation at C6-7 resulting in an anterior cervical discectomy and fusion at C6-7. left rotator cuff tear resulting in left shoulder surgery and a left carpal tunnel injury resulting in sur­gery. Non-economic losses and physical impairment.

Final Demand Before Trial: Joint demand of $250,000.

Final Offer Before Trial: Joint offer of $150,000 with a 60%/40% split: 60% from Randy Rettenberger and 40% from Francine Steinberg according to the defen­dants’ attorneys. Combined offer of $50,000 according to the plaintiffs attorneys.

Plaintiff’s Expert Witnesses: Douglas C. Wong, MD (orthopedic surgeon) James Johnson, MI) (treating orthopedic surgeon) In Sok Yi, MD (treating hand surgeon) Bradley Aylor, MD (physical medicine and rehabilita­tion specialist)

Defendants’ Expert Witness: None.

Verdict: For the plaintiff Valerie George:

• $150,000 for non-economic losses
• $100,000 for physical impairment

Total for Valerie George: $250,000.

For the plaintiff Dennis Guern on the loss of consortium claim, $5,000.

• 20% negligence charged to the defendant Francine Steinberg for the April 17, 2000 collision.
• 80% negligence charged to the defendant Randy Rettenger
• Plus statutory interest.

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