PERSONAL INJURY
Case Type --MS; Miscellaneous (boating injury)
Case Name --Stephanie L. Gulgulian vs. Thomas C. Hawk
Case Number --000907526
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 12/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a shattered lumbar vertebra and other back injuries. She underwent surgery, followed by a prolonged hospital stay.
Attorney(s) - Plaintiff --Robert J. Moore of Giauque, Crockett, Bendinger & Peterson; later Crockett, Bendinger, Peterson & Casey
Attorney(s) - Defense --Joseph J. Joyce and Kristin A. VanOrman of Strong & Hanni
Damages --Plaintiff claimed extensive but unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant invited plaintiff and several other people for a ride in plaintiff's boat on Pineview Reservoir. Plaintiff claimed defendant operated the boat at extremely high speeds while making wide sweeping turns, and eventually turned left across the wake of another boat, causing plaintiff's boat to bounce violently and decelerate abruptly. Plaintiff said she attempted to brace herself, but was thrown from her seat and then slammed back onto the seat before sliding to the floor of the boat. Plaintiff claimed defendant operated the boat in a dangerous and negligent manner.
Defendant denied negligence and claimed plaintiff's injuries were caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA, TA, MS; Automobile/truck/miscellaneous (trailer) accident
Case Name --Cindy Rimmer vs. Deval Hermansen
Case Number --010901561
Court/Judge --3rd District/Burton
Verdict/Settlement --Settlement, 12/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered neck and back injuries and claimed a 5% permanent impairment.
Attorney(s) - Plaintiff --Larry Long and Claire Summerhill
Attorney(s) - Defense --Tim D. Dunn of Dunn & Dunn
Damages --Plaintiff claimed $19,900 in past medical expenses; $18,000 in future medical expenses; $805 in past lost wages; $4,801 for permanent impairment; and $2,500 in loss of services. She also sought $100,000 in general damages.
Facts/Contentions --Plaintiff was northbound on 300 West at about 4900 South. Plaintiff claimed defendant, who was traveling directly ahead of her, was pulling a utility trailer behind his pick-up truck, but the trailer was not equipped with working tail lights or brake lights. Plaintiff claimed that due to this defect, she was unable to perceive that defendant had stopped suddenly for a car ahead of him which was turning onto a side street. Plaintiff braked and swerved to the right, but was unable to stop in time and rear-ended the trailer.
Defendant claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA, MA; Automobile/motorcycle accident
Case Name --Douglas Phillips vs. Brady S. Jensen
Case Number --010906085
Court/Judge --3rd District/Bohling
Verdict/Settlement --Verdict, 12/01
Amount --The court dismissed this case for plaintiff's failure to prosecute.
Injuries --Plaintiff suffered lacerations, abrasions, and neck and back injuries. He claimed permanent impairment and disfigurement.
Attorney(s) - Plaintiff --Larry Long and Claire Summerhill
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses, lost wages and loss of services. He sought total combined damages of $100,000.
Facts/Contentions --Plaintiff was northbound in the middle lane of State Street on his Kawasaki motorcycle. At about 220 South, he claimed, defendant, who was northbound in the outside lane, changed lanes without seeing plaintiff and pulled directly into plaintiff's path. Plaintiff said he made a sharp turn to the left in order to avoid defendant, and his motorcycle went down.

PERSONAL INJURY
Case Type --AA, AR; Alcohol-related automobile accident
Case Name --Farmers Insurance Group and Matthew Hogle vs. Willie Quiroga
Case Number --010909340
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 12/01
Amount --Judgment was entered against defendant in the amount of $6,698.55, which included $101.50 in costs and $500 in attorney's fees, as well as accrued interest.
Attorney(s) - Plaintiff --Suzanne Marelius of Littlefield & Peterson
Attorney(s) - Defense --None listed.
Damages --Plaintiff Farmers paid plaintiff Hogle $6,097.05 in property damages and retained full rights of subrogation.
Facts/Contentions --Plaintiff Hogle, who was insured by plaintiff Farmers, was struck by defendant, who ran a yield sign at 545 North Desoto Street. Plaintiffs claimed defendant was driving while intoxicated.

PERSONAL INJURY
Case Type --MS; Miscellaneous (food poisoning)
Case Name -- Daun T. DeJournette vs. Marie Callender Pie Shops, Incorporated
Case Number --000902730
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 12/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff developed salmonella (causation disputed) and afterward developed a post-salmonella-type enteritis which permanently affected her colon.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman &
Associates
Attorney(s) - Defense --John M. Braithwaite and Mark J. Williams of Plant, Wallace, Christensen & Kanell
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff claimed she became violently ill after eating dinner at defendant's restaurant at 3900 South and 1100 East. She suffered nausea, vomiting and diarrhea. Stool cultures tested positive for salmonella. Plaintiff claimed the quiche she ate at defendant's restaurant was the cause of her illness.
Defendant denied that its food caused plaintiff's illness, pointing out plaintiff's estimate of two to three hours between the dinner and the onset of symptoms did not match the 12-hour minimum incubation time for salmonella. Defendant claimed it complied with all applicable rules and regulations for the cooking, serving and storage of food. Defendant moved for summary judgment, claiming plaintiff had a prior history of these types of symptoms and had not produced any evidence to show defendant deviated from its applicable standards of care in any way. Plaintiff's treating physician did not do any investigation to determine the source of the salmonella after he identified it from plaintiff's stool cultures.
The court denied the motion for summary judgment, noting that the time discrepancy, though unlikely, might present an issue of fact. The court therefore gave plaintiff the benefit of the doubt in its ruling.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --George Novak vs. Stacey M. Hogan; Kelly V. Francom; Douglas Scott Miller; Plan-It Interactive, Incorporated; and Sarah A. Mann
Case Number --990903932
Court/Judge --Stirba; then Uno
Verdict/Settlement --Verdict
Amount --After the jury found defendants Miller and Plan-It were not negligent, the court entered judgment against Novak. Defendants Mann, Hogan and Francom settled with plaintiff for undisclosed amounts before trial.
Injuries --Novak, who was not wearing his seatbelt, suffered a broken right leg and ankle, a broken wrist, maxillofacial fractures with loss of his upper teeth, and a closed head injury with loss of hearing; he claimed permanent impairment.
Attorney(s) - Plaintiff --Peter C. Collins of Bugden, Collins & Morton
Attorney(s) - Defense --For defendants Miller and Plan-It: Kenneth W. Yeates and Evan S. Strassberg of Van Cott, Bagley, Cornwall & McCarthy; for defendant Francom: William A. Stegall of Kidman & Associates, later of Stegall & Associates; for defendant Hogan: Robert H. Hendersen of Snow, Christensen & Martineau; for defendant Mann: Theodore E. Kanell and Robert C. Olsen of Plant, Wallace, Christensen & Kanell
Expert Witness(es) - Plaintiff --Dr. Paul France--biomechanical expert; Dr. Erin Bigler; Dr. William Rockwell; Dr. Paul Randle--economic expert; Dr. Kathleen Digre; Dr. Robert Hunter
Expert Witness(es) - Defense --Dr. Ronald Woolley--accident reconstructionist
Damages --Plaintiff claimed out-of-pocket medical expenses of $18,343.58 from a Medicaid lien filed on his total medical expenses, along with unspecified future medical expenses and past and future lost wages. He was unable to work after the accident.
Facts/Contentions --Plaintiff claimed defendants Hogan, Francom, Miller and Mann negligently collided with plaintiff's vehicle in a multi-vehicle freeway pile-up that occurred where I-215 northbound turns to I-80 westbound near the Foothill Boulevard off-ramp. Plaintiff's car was hit from both the front and the back, and he was not wearing a seatbelt. Plaintiff claimed defendant Miller was in the course and scope of his employment with defendant Plan-It at the time of the accident.
Defendant Francom claimed plaintiff's injuries were the result of the actions of third parties over whom defendant Francom had no control.
Defendant Hogan denied negligence and cross-claimed against the other defendants for an apportionment of fault by a jury.
Defendant Mann claimed plaintiff's injuries resulted from his own negligence or that of third parties over whom defendant Mann had no control.
The other defendants answered defendant Hogan's cross-claim and denied liability.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Aurelio Terrazas and Hope Terrazas vs. Carrie Wilde dba Wilde Horse Express; Carl Todd Huett; Douglas Hansen; Cherlyn Sue Harper and Does 1 through 5
Case Number --990906598
Court/Judge --3rd District/Nehring
Verdict/Settlement --Settlement, 1/02
Amount --Plaintiffs and defendant Hansen settled first for an undisclosed amount. Plaintiffs and defendants Huett and Wilde Horse settled next for an undisclosed amount.
Injuries --Plaintiff Aurelio Terrazas suffered severe injuries to both hands and claimed permanent impairment. Plaintiff Hope Terrazas suffered several serious fractures of her left ankle, foot and leg; pelvic injuries; and severe and permanent facial scarring.
Attorney(s) - Plaintiff --Deirdre A. Gorman of Farr, Kaufman, Sullivan, Gorman, Jensen, Medsker & Perkins (later withdrew with respect to plaintiff Aurelio Terrazas only); then Jeffrey D. Eisenberg of Eisenberg & Gilchrist (for plaintiff Aurelio Terrazas only); Jan M. Welsh later joined attorney Gorman as co-counsel for plaintiff Hope Terrazas.
Attorney(s) - Defense --For defendants Huett and Wilde Horse Express: Dale J. Lambert of Christensen & Jensen (withdrew); then Barbara K. Berrett, Brett M. Hanna and Shane W. Norris of Weiss Berrett Petty; for defendant Hansen: Joseph J. Joyce of Strong & Hanni; for defendant Harper: Theodore E. Kanell and Robert C. Olsen of Plant, Wallace, Christensen & Kanell
Expert Witness(es) - Plaintiff --Plaintiffs designated Jayne E. Clark, MD; Arthur L. Atkinson of Art Atkinson & Associates--truck safety specialist; Dennis F. Andrews--accident reconstructionist; Paul Randle, PhD--economic expert; and Greg Duval--accident reconstructionist.
Damages --Plaintiff Aurelio Terrazas sought combined special and general damages of $750,000, and plaintiff Hope Terrazas sought combined special and general damages of $1,000,000. Plaintiff Hope Terrazas claimed diminished future earning capacity, and both plaintiffs claimed wage loss as well as past and future medical expenses.
Facts/Contentions --Plaintiffs were southbound in the middle lane of I-15 near Midvale, with plaintiff Aurelio Terrazas driving ad plaintiff Hope Terrazas as his passenger in their van. Plaintiffs claimed defendant Huett, who worked for defendant Wilde dba Wilde Horse Express and was driving directly in front of plaintiffs, attempted to brake while he was too close to the vehicle ahead of him and jack-knifed his semi-truck and trailer. The trailer struck the Terrazas vehicle. Plaintiffs named defendant Hansen as the driver of the vehicle in front of defendant Huett's semi, and defendant Harper as the driver of the vehicle directly behind plaintiffs' van.
Defendant Huett claimed plaintiffs' injuries were caused by the negligence of defendants Hansen, Harper and Doe 1, an unknown party who left a roll of carpet lying in the road; he claimed the carpet started this multi-car pile-up. Defendants Huett and Wilde Horse sought to have fault apportioned to the unknown party who left the carpet in the roadway, and the court granted their motion to have the phantom party that left the carpet in the road added to the special verdict form.
Defendant Hansen claimed plaintiffs' injuries resulted from their own negligence or that of third parties over whom defendant Hansen had no control.
Defendant Harper claimed plaintiffs' injuries resulted from their own negligence or that of third parties over whom defendant Harper had no control.

PERSONAL INJURY
Case Type --SF; Slip/fall, multiple incidents
Case Name --Jason K. Moore vs. Olympus Shadows, LLC; Olympus Shadows Apartments; Ernest E. Tschannen; Sherri Redding; and Does 1 through 10
Case Number --000904667
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered various injuries, including injuries to his knees, head, back and tailbone. He claimed permanent impairment.
Attorney(s) - Plaintiff --Vinh K. Ly, SLC and John F. Fay, Park City
Attorney(s) - Defense --David N. Mortensen, R. Phil Ivie and George L. Chingas of Ivie & Young, Provo originally appeared for all defendants; Robert L. Janicki and Kevin D. Swenson later appeared for defendant Redding.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. Plaintiff also sought punitive damages, claiming defendants' conduct was reckless. Defendants claimed they paid $5,000 of plaintiff's medical expenses and demanded an offset on any verdict or settlement for this payment.
Facts/Contentions --Plaintiff named defendant Tschannen as owner and defendant Redding as manager of defendant apartment complex, Olympus Shadows, operated by defendant LLC. Plaintiff, who was a tenant of defendant Olympus Shadows and is visually handicapped, said he slipped and fell on an unseen leaking water hose that was looped twice and laid right in his path at the entrance to his apartment. Plaintiff said after he informed defendant Redding that he had fallen, defendant Redding immediately removed the hose. Plaintiff claimed he was injured a second time about a month later, when his foot slipped on a stair in his apartment; plaintiff stated that he grabbed for the hand-rail to keep him from falling, but the rail pulled out of the wall and plaintiff fell. Less than a month after that fall, plaintiff said, he was traversing the stairway in his apartment when his foot caught on the edge of a stair about halfway down, and when he grabbed the railing to stop his fall, the entire railing broke off from the wall and landed on top of plaintiff as he fell. Plaintiff claimed apartment maintenance failed to fix the handrail when he informed the manager he had fallen on both occasions. Plaintiff fell a fourth time less than a month later when he stepped on a hose that was lying right in front of the entry to his apartment. Plaintiff said his spouse disconnected the hose and threw it on the lawn after that incident, but plaintiff claimed he and his wife found the hose in the same position on three successive days, despite their requests that management secure it or place it elsewhere. Plaintiff claimed that in each case the dangerous condition existed for enough time that defendants knew or should have known it existed.
Defendants denied negligence, recklessness and liability, claiming that both plaintiff and his wife were negligent and that their combined negligence caused plaintiff's falls. Defendants denied that plaintiff's injuries were caused by the falls and objected to the punitive damages claim. Defendants moved for partial summary judgment to dismiss defendant Olympus Shadows, LLC from the suit; the court granted the motion.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Valerie P. Sandoval vs. Estate of Ray Pedro Archibeque
Case Number --000904183
Court/Judge --3rd District/Frederick
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant, November 2001: $3,684 new money; amended offer of judgment by defendant, December 2001: $6,184 new money.
Injuries --Plaintiff suffered neck and upper back injuries, whiplash injuries, and lower body aches and pains; she claimed her injuries caused headaches and general pain and discomfort. Plaintiff claimed permanent impairment to her neck, shoulders, low back and left shin.
Attorney(s) - Plaintiff --David K. Smith
Attorney(s) - Defense --Lynn S. Davies, Melinda Morgan and Brian C. Webber of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff --Plaintiff designated Lombardo F. Palma, MD; Philip Savia, MD; Dan George, DC; and Gerald Bagley, MD.
Expert Witness(es) - Defense --Defendant designated Ron Probert--accident reconstructionist; and Gerald Moress, MD--independent medical examiner.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was northbound in the left lane of Redwood Road at about 4063 South. Plaintiff claimed defendant pulled out from the Smith's grocery store parking lot and swerved directly across into plaintiff's lane so abruptly that plaintiff was unable to avoid hitting him.
Defendant claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom decedent had no control. Defendant further claimed plaintiff's injuries were pre-existing.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Rafael M. Ibarra and Maria Ibarra, individually and on behalf of Rafael Ibarra Jr., vs. Nathan Withers
Case Number --000903630
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Jury verdict, 12/02
Amount --The jury found defendant's negligence caused plaintiff Rafael Ibarra's injuries and awarded plaintiff Rafael Ibarra $1,529 for past medical expenses; $1,760 in past lost income; and $1,000 in general damages. Since the jury award for medical expenses was less than $3,000, the jury was asked if plaintiff Rafael Ibarra was permanently impaired as a result of defendant's negligence, and the jury said no. Judgment was therefore entered in favor of defendant, since the verdict in favor of plaintiff Rafael Ibarra failed to exceed the $3,000 no-fault threshold in medical damages. Parties are to bear their own costs. Pre-trial offer of judgment by defendant, July 2001: $5,001 exclusive of no-fault benefits.
Injuries --Plaintiff Rafael Ibarra suffered neck and back injuries and shoulder sprain/strain.
Attorney(s) - Plaintiff --C. Danny Frazier and R. Jack Reynolds of Gregory, Barton & Reynolds; later Gregory, Barton & Swapp
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates
Expert Witness(es) - Plaintiff --Dennis Wyman, MD Dr. Duy Tran
Expert Witness(es) - Defense --Michael Chung, MD and Matthew Mecham
Damages --Plaintiff claimed medical expenses of $4,736.82, of which
$3,993 was chiropractic. Plaintiff also claimed unspecified future medical expenses as well as past and future lost wages.
Facts/Contentions --Plaintiffs' vehicle was eastbound on 9000 South, approaching a parking lot at 1651 West, with plaintiff Rafael Ibarra driving and the other plaintiffs as passengers. Plaintiffs claimed defendant's vehicle pulled abruptly and negligently out of the parking lot and struck the right side of plaintiffs' vehicle.
Defendant denied liability, claiming plaintiffs' injuries were caused by the negligence of third parties over whom defendant had no control. Defendant moved to dismiss Maria Ibarra and Rafael Ibarra from the action, and the court granted the motion.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Richard J. Oakley vs. Nathan Mounteer
Case Number --000902577
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant, June 2000: $1,000 new money. Offer of judgment by defendant, July 2001: $2,500 new money.
Injuries --Plaintiff suffered neck and spinal injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Chase Kimball of the Law Office of Randal L. Meek
Attorney(s) - Defense --Joseph J. Joyce and Kristin VanOrman of Strong & Hanni
Expert Witness(es) - Defense --Defendant designated Scott Knorpp, MD--independent medical examiner; and Paul France, PhD--biomechanical expert.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff and defendant were both eastbound on I-215. Plaintiff claimed defendant hit a bump, lost control of his car, and struck plaintiff's vehicle. Both vehicles spun off the road after the collision.
Defendant claimed plaintiff's injuries were caused by his own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --MS; Miscellaneous (food poisoning)
Case Name -- Daun T. DeJournette vs. Marie Callender Pie Shops, Incorporated
Case Number --000902730
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff developed salmonella (causation disputed) and afterward developed a post-salmonella-type enteritis which permanently affected her colon.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman &
Associates
Attorney(s) - Defense --John M. Braithwaite and Mark J. Williams of Plant, Wallace, Christensen & Kanell
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff claimed she became violently ill after eating dinner at defendant's restaurant at 3900 South and 1100 East. She suffered nausea, vomiting and diarrhea. Stool cultures tested positive for salmonella. Plaintiff claimed the quiche she ate at defendant's restaurant was the cause of her illness.
Defendant denied that its food caused plaintiff's illness, pointing out plaintiff's estimate of two to three hours elapsed time between the dinner and the onset of symptoms did not match the 12-hour minimum incubation time for salmonella. Defendant claimed it complied with all applicable rules and regulations for the cooking, serving and storage of food. Defendant moved for summary judgment, claiming plaintiff had a prior history of these types of symptoms and did not produce any evidence to show defendant deviated from its applicable standards of care in any way. Plaintiff's treating physician did not do any investigation to determine the source of the salmonella after he identified it from plaintiff's stool cultures.
The court denied the motion for summary judgment, noting that the time discrepancy, though unlikely, might present an issue of fact. The court therefore gave plaintiff the benefit of the doubt in its ruling.

PERSONAL INJURY
Case Type --MS; Miscellaneous (animal bite)
Case Name --James Bradley vs. Hogle Zoo
Court/Judge --3rd District
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered loss of one finger; partial loss of another finger; bites on his ear, one nostril, his face, and his forehead; bites on his legs; torn ligaments in both hands; and torn eyelids. He underwent several surgeries on his hands and face.
Attorney(s) - Plaintiff --Albert Gray of Smith & Glauser
Attorney(s) - Defense --Gary L. Johnson of Richards, Brandt, Miller & Nelson and James R. Black of Black & Associates
Damages --Plaintiff claimed approximately $150,000 in medical expenses; his wage loss claim was negligible.
Facts/Contentions --Plaintiff worked as a volunteer at the zoo. He stated that as he was cleaning a cage, two chimpanzees escaped from their enclosure nearby and attacked him, biting him severely. A supervisor threw herself over the plaintiff's body and protected him, sustaining injuries in the process, until another worker was able to shoot the chimpanzees. Plaintiff claimed the cages were negligently left unlocked by the supervisor, who was new to the job and was spending her first day alone on the grounds.
Legal Issues --Defendants sought to have the Workers' Compensation Fund pay plaintiff's expenses, claiming that because he had another job elsewhere at the zoo, he could be considered to be in the course and scope of his employment, even though he was doing volunteer work at the time he was injured. Plaintiff's attorney argued that plaintiff was a volunteer--he was even wearing a shirt with "VOLUNTEER" stenciled on it--and was therefore entitled to seek tort damages in the district court. The parties reached an agreement whereby the WCF paid plaintiff's medical expenses and filed a lien on the proceeds of the settlement, the same way they do with injured workers who are getting workers' compensation benefits and receive a judgment or settlement payment from a third-party court action.

PERSONAL INJURY
Case Type --AA: Automobile accident
Case Name --Ellen Anthony vs. Rowdy McKendrick
Court/Judge --2nd District/Heffernan
Verdict/Settlement --Jury verdict, 1/02
Amount --The jury awarded plaintiff medical expenses and lost wages, but no money for general damages.
Injuries --Plaintiff suffered soft tissue neck and back injuries.
Attorney(s) - Plaintiff --John Witkowski of Michael F. Richman & Associates
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates
Expert Witness(es) - Plaintiff --Cory Anden, MD
Damages --The parties stipulated to plaintiff's medical expenses of $3,500 and one week's lost wages of $2,100.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff's car, which had stopped for a red light in Ogden. Plaintiff claimed defendant was going between 30 and 40 miles per hour at the tie of the impact.
Defendant denied hitting plaintiff at high speed and questioned plaintiff's claim for pain and suffering.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Rafael Ibarra vs. Nathan Withers
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Jury verdict, 12/01
Amount --The jury awarded plaintiff $1,500 in medical expenses, $1,700 in lost wages and $1,000 in general damages. The court did not enter judgment against the plaintiff because the verdict for medical expenses did not reach the $3,000 threshold.
Injuries --Plaintiff suffered soft tissue neck and low back injuries. He has ongoing headaches.
Attorney(s) - Plaintiff --C. Danny Frazier and R. Jack Reynolds of Gregory, Barton & Swapp
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates
Expert Witness(es) - Plaintiff --Dui Tran, DC; Dennis Wyman, MD
Damages --Plaintiff claimed $5,560 in medical expenses and $1,760 in lost wages. He is a construction worker.
Facts/Contentions --Plaintiff claimed he was eastbound on 9000 South when defendant drove abruptly out of a Shopko parking lot and struck plaintiff's car on the right rear quarter panel. Plaintiff claimed his car spun three times and the added that the impact injured him as well as his wife and son, who were his passengers. The wife and son filed claims, but later dropped them.
Defendant admitted liability, but contested plaintiff's claim for damages, and contended that some of his neck and back problems were pre-existing. Defendant claimed plaintiff told several different stories of how the accident happened.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Molly Ryan and Steven Conant, individually and on behalf of Timothy Conant, vs. Toys-R-Us Delaware, Incorporated
Case Number --990900624
Court/Judge --3rd District/Lewis
Verdict/Settlement --Judgment on jury verdict, 1/02
Amount --The jury returned a verdict of no cause of action, finding defendant was not negligent; plaintiff moved for judgment notwithstanding the verdict.
Injuries --Plaintiff Timothy Conant suffered unspecified injuries.
Attorney(s) - Plaintiff --Clark Newhall
Attorney(s) - Defense --Dale J. Lambert, Scott T. Evans and Rebecca L. Hill of Christensen & Jensen
Expert Witness(es) - Plaintiff --Dr. Robert B. Sleight
Expert Witness(es) - Defense --Scott Yahnke, New Jersey--director of store development, Toys-R-Us; Kyle Landers--store director, Murray Toys-R-Us
Damages --Plaintiff Timothy Conant incurred unspecified medical expenses.
Facts/Contentions -- Plaintiff parents, Molly Ryan and Steven Conant, claimed plaintiff child, Timothy Conant, was injured after falling onto the floor from the middle of a slide which was displayed as part of a play set for sale. The platform where the play set was on display was about 4 feet wide, 40 feet long, and 4 to 4.5 inches high, and was sitting on a concrete floor covered with tile. There was no padding between the tile and the concrete. Plaintiffs claimed the display was so hazardous that 101 children fell off slides in various play sets in defendant's stores nationwide between 3/94 and 3/96. Plaintiffs contended that defendant needed to post signs telling parents specifically to keep their children off the display sets and also needed to institute a policy for employees instructing them to keep children from climbing on the display sets; plaintiffs said the only sign on the display was small and not easily read. Larger signs nearby read, "Think safety" and stated that Toys-R-Us could not be responsible for children left unattended. Plaintiffs claimed these signs did not give sufficient warning to parents that the play set display was dangerous.
Defendant claimed that its warning signs were sufficient to give notice that the display sets were hazardous; defendants also contended that they did not violate any safety policies in the store where plaintiff Timothy Conant was injured. Defendant further claimed plaintiff failed to prove any store employee ever saw Timothy climbing on the play set.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Heather Evans vs. Matthew Swofford
Case Number --000908907
Court/Judge --3rd District/Peuler
Verdict/Settlement --Verdict, 1/02
Amount --The court granted defendant's motion to dismiss after plaintiff failed to answer or respond to the motion.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Kenneth A. Bills of Driggs, Bills & Day
Attorney(s) - Defense --S. Baird Morgan and Diana Garrett Matkin of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified medical expenses and lost wages.
Facts/Contentions --Plaintiff was westbound on 3300 South, approaching the intersection at 900 East; defendant was northbound on 900 East. Plaintiff claimed defendant ran a red light that had just changed and broad-sided plaintiff's vehicle.
Defendant moved to dismiss the complaint on grounds that plaintiff failed to serve notice of the action on defendant within 120 days of the filing of the complaint.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Monica Santibanez; Carolina Santibanez; Silvester Ocampo; and Margarito Sandoval vs. Adrian Torres Obispo
Case Number --000908837
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 1/02
Amount --The court dismissed this complaint without prejudice after the parties failed to appear at a hearing to show cause.
Injuries --Plaintiffs suffered various unspecified injuries, and plaintiff Sandoval claimed permanent impairment.
Attorney(s) - Plaintiff --S. Austin Johnson and Justin D. Heideman of Johnson Law Firm, Orem (Heideman later withdrew when he left the firm)
Attorney(s) - Defense --None listed.
Damages --The passenger plaintiffs claimed various unspecified medical expenses and lost wages of $1,500; plaintiff Sandoval claimed medical expenses of over $40,000.
Facts/Contentions --All plaintiffs except plaintiff Sandoval were passengers in a vehicle driven by defendant, which was eastbound on I-80 at the 56 mile-post. Plaintiffs claimed defendant negligently struck the rear of another vehicle, driven by plaintiff Sandoval. The Sandoval vehicle swerved right, left the right shoulder and struck the mountainside. It rolled three times before coming to rest on its wheels. Plaintiffs claimed defendant stopped and then left the scene.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Carl E. Johnson vs. Allstar Glass and Walter J. Moore
Case Number --00090650
Court/Judge --3rd District/Lewis
Verdict/Settlement --Verdict, 1/02
Amount --The court dismissed this case after plaintiff failed to appear at, or send a representative to, a hearing to show cause.
Injuries --Plaintiff suffered injuries to his neck, spine and head and claimed a 6% whole person permanent impairment.
Attorney(s) - Plaintiff --Chase Kimball of the Law Office of Randal L. Meek
Attorney(s) - Defense --Gary D. Josephson of Petersen & Hansen
Damages --Plaintiff claimed unspecified medical expenses and lost wages, as well as future medical expenses.
Facts/Contentions --Plaintiff claimed defendant Moore, who was in the course and scope of his employment with defendant Allstar, made an improper left turn onto northbound 700 East from 9400 South, cutting in front of the car in which plaintiff was a passenger and causing an accident.
Defendant Moore denied liability and claimed plaintiff's injuries were caused by the negligence of third parties over whom defendant Moore had no control or else were pre-existing.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Terry L. Watters vs. Mark Thomson and Digital Equipment (Compaq)
Case Number --010904261
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Plaintiff was represented pro se.
Attorney(s) - Defense --Rebecca J. Hill of Christensen & Jensen
Damages --Plaintiff claimed medical expenses of $9,500, as well as unspecified future medical expenses; she sought $50,000 in general damages.
Facts/Contentions --Plaintiff claimed defendant Thomson, who was in the course and scope of his employment with defendant Digital, negligently rear-ended the car behind plaintiff's vehicle, which was stopped for a red light at 425 West 10600 South; the impact pushed that car into the back of plaintiff's vehicle. Plaintiff claimed defendant Thomson then left the scene without furnishing any information about his identity or insurance coverage.
Defendants claimed plaintiff's medical expenses failed to reach the $3,000 no-fault threshold required by Utah law for the filing of a personal injury claim in district court. Defendants also claimed plaintiff's injuries were caused by the negligence of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Edna Hammel vs. Gilbert G. Najera and Wasatch Furniture Company
Case Number --010905366
Court/Judge --3rd District/Livingston
Verdict/Settlement --Verdict, 1/02
Amount --The court granted plaintiff's motion to strike defendants' answer and entered judgment against defendants in the amount of $1,132.38, which included $158.68 in accrued interest and $47 in costs.
Attorney(s) - Plaintiff --Douglas G. Mortensen and Jon M. Jeppson of Matheson, Mortensen, Olsen & Jeppson; then J. Duke Edwards
Attorney(s) - Defense --Defendant Wasatch filed an answer through its president.
Damages --Plaintiff claimed $926.70 in property damages.
Facts/Contentions --Plaintiff claimed defendant Najera, who was in the course and scope of his employment with defendant Wasatch, negligently collided with plaintiff's vehicle.
Defendant company filed an answer through its president, but plaintiff moved to strike the answer on grounds that under Utah law, a corporation must be represented by an attorney.

PERSONAL INJURY
Case Type --AA, BA, BT; Automobile/bicycle accident, assault
Case Name --Tyler M. Yeates vs. State Farm Insurance and Weimin Jiang
Case Number --010907517
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered facial lacerations with alleged permanent scarring; bodily abrasions; a chipped tooth; an injured shoulder; and persistent headaches.
Attorney(s) - Plaintiff --Plaintiff was represented pro se.
Attorney(s) - Defense --For defendant State Farm: J. Kelly Walker of Victoria K. Kidman & Associates
Damages --Plaintiff claimed $10,000 for permanent facial scarring and $1,200 for future reconstructive facial surgery; he sought $117,500 for combined medical expenses, loss of earning capacity and general damages; and $10,000 in punitive damages.
Facts/Contentions --Plaintiff was riding his bicycle in the bike land on Sunnyside Avenue. Plaintiff claimed defendant Jiang failed to yield to plaintiff while making a right turn and defendant Jiang's vehicle struck plaintiff. Defendant Jiang was insured by defendant State Farm. Plaintiff claimed defendant Jiang fled the scene and plaintiff pursued her. Plaintiff further claimed that after he caught up with her and ascertained her identity, defendant Jiang later persuaded three friends to force their way into plaintiff's home and threaten plaintiff.
Defendant State Farm moved to be dismissed from the complaint on grounds that a plaintiff's third-party liability claim directly against the alleged tortfeasor's insurer is prohibited by Utah law. Defendant State Farm also claimed the assault complaint was barred by Utah's one-year statute of limitations. Defendant State Farm also claimed plaintiff's injuries were caused by his own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Linda Ilott vs. Jennie R. Curtis and Does 1 and 2
Case Number --010907265
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff sustained an exacerbation of a pre-existing knee injury and underwent surgery.; she claimed permanent impairment.
Attorney(s) - Plaintiff --Peter C. Collins of Bugden, Collins & Morton
Attorney(s) - Defense --Paul H. Matthews of Kirton & McConkie
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff claimed defendant Curtis, a minor, made an unsafe lane change and veered into plaintiff's lane of travel, colliding with plaintiff's vehicle. Both cars were westbound on 3900 South near 900 East. The Doe defendants were named as having granted use of their car to defendant Curtis and having signed her driver's license application as responsible parties.
Defendant Curtis denied negligence and claimed plaintiff's injuries were caused by her own negligence. Defendant Curtis also claimed plaintiff failed to meet the $3,000 threshold for medical damages required by Utah law in order to file a personal injury suit in district court.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jason M. Heuser vs. Kevin White
Case Number --000908433
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a disc herniation at L5/S1; a right L5/S1 hemilaminotomy with discectomy was performed.
Attorney(s) - Plaintiff --William R. Hadley of Hadley & Hadley
Attorney(s) - Defense --Paul H. Matthews, Jeffrey D. Stevens and Gregory N. Hoole of Kirton & McConkie
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant negligently rear-ended plaintiff's vehicle at the intersection of 6200 South and State Street.
Defendant denied negligence and claimed plaintiff's injuries were caused by his own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff should be barred from recovering damages because he was not wearing a seat-belt at the time of the accident.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Calvin Peterson vs. Bruce A. Meyer
Case Number --000909364
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 1/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Scott D. Brown and Brian D. Coutts of Nuttall, Brown & Associates
Attorney(s) - Defense --Scott H. Martin of Snow, Christensen & Martineau
Damages --Plaintiff claimed medical expenses of over $10,000, as well as unspecified past lost wages and past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was northbound on 5600 West. Plaintiff claimed defendant, who was driving directly behind plaintiff, failed to keep a proper lookout and rear-ended plaintiff's vehicle.
Defendant claimed plaintiff's injuries were caused by plaintiff's own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jenny Lunt vs. Rex Patrick Nye
Case Number --990903813
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 2/02
Amount --This case settled for an undisclosed amount. Pre-settlement offer of judgment by defendant (rejected): $7,500.
Injuries --Plaintiff was diagnosed with trauma-induced fibromyalgia and chronic myofascial pain syndrome.
Attorney(s) - Plaintiff --Eric C. Singleton; then David C. Condie of Steffensen Law Office
Attorney(s) - Defense --R. Phil Ivie, Sherlynn Fenstermaker, Jeffery C. Peatross, David N. Mortensen and Jared R. Casper of Ivie & Young, Provo
Expert Witness(es) - Defense --Defendant designated Newell Knight--accident reconstructionist; Paul France, PhD--biomechanical expert; and plaintiff's treating health care providers.
Damages --Plaintiff claimed combined general and special damages of $100,000, including over $20,000 in medical expenses.
Facts/Contentions --Plaintiff was westbound on 9400 South. She claimed defendant rear-ended her vehicle as she slowed for traffic at the 700 East intersection. Plaintiff claimed defendant was cited for careless driving.
Defendant denied liability and reserved the defense of contributory negligence.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Jennie E. Stanga vs. Salt Lake City and Salt Lake Airport Authority
Case Number --980913001
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 2/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Bradley H. Parker of Parker, McKeown & McConkie
Attorney(s) - Defense --Robert R. Wallace and Lisa Watts Baskin of Plant, Wallace, Christensen & Kanell
Expert Witness(es) - Plaintiff --Plaintiff designated her treating health care provider and Glen S. Thurgood, PhD.
Expert Witness(es) - Defense --Defendants designated Irv Simons--airport engineer and expert regarding issues related to curb height and painting; Robert Bailey--engineer, Salt Lake City Airport Division and expert on curb height; and Cole Hobbs--Salt Lake Airport Authority--expert on layout at location of the accident.
Damages --Plaintiff claimed unspecified past and future medical expenses and possible future wage loss.
Facts/Contentions --Plaintiff was at the Salt Lake City Airport in the outside passenger loading area. While she was standing behind her car waiting for the party she was there to pick up, another car pulled up behind her and she attempted to step up onto the island to avoid it. She claimed her foot failed to clear the curb and she fell because the step was higher than permitted by applicable code or industry standards.
Defendants claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --PL, NE, OC; Product liability, negligence, ongoing case
Case Name --Diane Lee Conrad and Eugene Gleason vs. A. H. Robins Company, Incorporated, a wholly owned subsidiary of American Home Products; Wyeth-Ayerst Laboratories, a division of American Home Products; Eon Labs Manufacturing, Incorporated; Dale A. Sundwall, MD; Richard A. Taylor, MD; Susan M. Kons, APRN; Physicians Weight Management Clinic; and Does 1 through 10
Case Number --980909798
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 3/02
Amount --The parties agreed by stipulation to the dismissal of defendant Kons from the case without prejudice. The parties earlier stipulated to the release of the American Home defendants from the case after plaintiffs chose to accept a share of the proceeds from the class action settlement.
Injuries --Plaintiff suffered heart valve damage.
Attorney(s) - Plaintiff --Mark D. Dunn, Nancy A. Mismash, George T. Waddoups and Patricia L. LaTulippe of Robert J. DeBry & Associates
Attorney(s) - Defense --For American Home defendants: James H. Clegg, David W. Slagle and Camille N. Johnson of Snow, Christensen & Martineau with Craig N. Hentschel, Edward T. Arnold and Michael H. Walizer of Arnold & Porter, Los Angeles, California of counsel; for defendant Eon: Tracy H. Fowler, Todd M. Shaughnessy and Adrianne Goldsmith of Snell & Wilmer; for defendants Sundwall and Taylor: Dennis M. Ferguson of Williams & Hunt; for defendant Kons: Robert G. Gilchrist, then Robert G. Wright of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified but substantial past and future medical expenses and lost wages.
Facts/Contentions -- Plaintiff Conrad claimed she suffered heart valve damage which kept her from working or maintaining her home and family after she took the prescription drug Pondimin, also known as Fen-Phen, for weight loss. She claimed the drug was developed and insufficiently tested by the American Home defendants; negligently manufactured and distributed by defendant Eon; negligently prescribed by Dr. Sundwall and Dr. Taylor of defendant Weight Management Clinic, and negligently monitored by nurse Kons of the Clinic. Plaintiff Gleason, plaintiff Conrad's husband, claimed loss of consortium.
The American Home defendants denied all liability or negligence and claimed they complied with all FDA standards and requirements in their development, testing and marketing of the drug.
Defendant Eon denied liability and claimed it met applicable standards in its manufacturing and distribution of the drug, and also by giving warning of the health risks associated with Fen-Phen to plaintiffs' health care providers as soon as these risks became known.

PERSONAL INJURY
Case Type --WA, TA, MS, CX; Work-related miscellaneous accident (boulder impact)
Case Name --James P. McLaughlin vs. Granite Construction Company and Wolfe Drilling & Blasting, Incorporated
Case Number --980909706
Court/Judge --3rd District/Stirba; then Burton
Verdict/Settlement --Settlement, 2/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered multiple serious injuries and claimed permanent impairment, including persistent cognitive difficulties.
Attorney(s) - Plaintiff --John A. Snow and Michael F. Richman of Richman & Snow, then Michael F. Richman of Richman & Associates
Attorney(s) - Defense --For defendant Granite: Scott W. Christensen of Plant, Wallace, Christensen & Kanell; for defendant Wolfe: Shawn McGarry, Nan T. Bassett and Michael F. Skolnick of Kipp & Christian
Expert Witness(es) - Plaintiff --Plaintiff designated Roy Vlaovich and Gil Montoya--safety engineers, Granite Construction; Ronald Pennington, Denver, Colorado--acting supervisor, U.S. Department of Labor, Mine Safety & Health Administration; Terry Power--accident investigator, U.S. Department of Labor, Mine Safety & Health Administration; and Paul Cooper and Robert Covington--operator foreman and trackhoe/dozer operators, Granite Construction.
Expert Witness(es) - Defense --Defendant Granite designated Paul France, PhD--biomechanical expert; Jeff Chung, MD--independent medical examination physician; and Del Felix, PT--functional capacity tester. Defendant Wolfe designated Jayne Clark, MD--physical medicine and rehabilitation expert; Perry Fine, MD--pain management expert; Louis Moench, MD--psychiatry expert; and Karl Burgher, PhD--liability expert.
Damages --Plaintiff claimed unspecified but substantial past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff, who worked for a third-party subcontractor company, came to get a truckload of gravel and stone from defendant Granite's pit for use in construction of ramps from I-80 to the pit and from the pit to the freeway. Plaintiff was driving his own company's dump-truck on the road to the loading area; he said he was unaware that Granite had continued its mining operation above the roadway, drilling and blasting for sand, gravel and stone and leaving an overburden of loose earth, rocks and boulders from the drilling and blasting on the slope above the road. Plaintiff's truck was struck by a huge boulder that rolled down the hill from the operations above the roadway. Plaintiff claimed Granite was cited for violations of Federal Mine Safety and Health Administration regulations after the accident. Plaintiff named defendant Wolfe as the company hired by Granite to do the actual drilling and blasting above the roadway.
Defendant Granite denied negligence and liability and claimed plaintiff's injuries were caused by plaintiff's own negligence or that of defendant Wolfe. Defendant Granite cross-claimed against defendant Wolfe.
Defendant Wolfe claimed plaintiff's injuries were caused by the negligence of defendant Granite.

PERSONAL INJURY
Case Type --AA, CX; Automobile accident, counter-claim
Case Name --Donna Salter vs. Jerold Flannery and Darlene Labine
Case Number --980904307
Court/Judge --3rd District/ Wilkinson; then Livingston
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a fractured right wrist, severe contusions to her left chest and clavicle; head contusions; facial trauma; neck injury; back injury; and ongoing headaches.
Attorney(s) - Plaintiff --G. Steven Sullivan of Robert J. DeBry & Associates
Attorney(s) - Defense --For defendant Flannery: Richard K. Spratley of Richard K. Spratley & Associates, then Joseph J. Joyce and Kristin A. Van Orman of Strong & Hanni; for defendant Labine: Lynn S. Davies and Cheri K. Gochberg of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed over $4,300 in medical expenses and $3,300 in lost wages, as well as possible unspecified future medical expenses and lost wages.
Facts/Contentions --Plaintiff was westbound on 4500 South. She claimed defendant Flannery, who was stopped at the southbound stop sign on 400 East at the 4500 South intersection, suddenly pulled out directly in front of plaintiff's car to make a left turn; plaintiff stated she was unable to avoid hitting defendant Flannery's vehicle. Plaintiff claimed defendant Labine, who was eastbound on 4500 South, entered the middle, multi-turn lane dividing the eastbound and westbound lanes of 4500 South and pulled so far forward in an attempt to turn left into Gordon Lane that her car blocked defendant Flannery's vehicle and prevented it from clearing the westbound lanes of travel in time for plaintiff to avoid it. Plaintiff claimed the accident occurred at least in part because defendant Flannery had to slow down in the westbound travel lane of 4500 South to avoid defendant Labine's vehicle.
Defendant Flannery denied liability and claimed plaintiff's injuries were caused by her own negligence or that of defendant Labine. Flannery also claimed some of plaintiff's injuries were pre-existing.
Defendant Labine claimed plaintiff's injuries were caused by her own negligence or that of defendant Flannery. Defendant Labine counter-claimed against plaintiff, alleging a bad faith lawsuit and abuse of process.

PERSONAL INJURY
Case Type --MM, NE, PL, CX; Medical malpractice; negligence, product liability, cross-claim
Case Name --(Name of case withheld)
Case Number --980907863
Court/Judge --3rd District/Stirba
Verdict/Settlement --Settlement, 3/02
Amount --The parties stipulated to the dismissal of defendant health care facility from this action. The other parties to this case settled it for an undisclosed amount.
Injuries --Plaintiff suffered a leg injury which resulted in permanent impairment. Plaintiff suffers ongoing pain and has difficulty walking.
Attorney(s) - Plaintiff --Ralph L. Dewsnup of Dewsnup, King & Olsen
Attorney(s) - Defense --For defendant physician: Richard W. Campbell, Cynthia Campbell and John David Ference of Campbell & Campbell, Ogden; for defendant health care facility: David W. Slagle of Snow, Christensen & Martineau; for defendant medical manufacturer/distributor: Paul Felt of Ray, Quinney & Nebeker
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was hospitalized in defendant health care facility to have a tibial rod installed in her leg by defendant physician. The rod was manufactured and distributed by defendant medical manufacturing/distributing company. Plaintiff claimed that during surgery to extract the rod, the adaptor for the tibial rod extractor broke, causing permanent damage to plaintiff's leg. The adaptor was manufactured and distributed by the defendant medical manufacturer/distributor.
All defendants denied negligence and claimed they met the standards of care for the design, manufacture, distribution, installation and/or monitoring of the tibial rod, the extractor, and the adaptor as these standards of care applied to each of them specifically. Defendant physician cross-claimed against defendant medical manufacturer/distributor, contending that the tibial rod extractor adaptor was defective. Defendant medical manufacturer/distributor contended that the device was improperly used by defendant physician.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Jennie E. Stanga vs. Salt Lake City and Salt Lake Airport Authority
Case Number --980913001
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 2/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Bradley H. Parker of Parker, McKeown & McConkie
Attorney(s) - Defense --Robert R. Wallace and Lisa Watts Baskin of Plant, Wallace, Christensen & Kanell
Expert Witness(es) - Plaintiff --Plaintiff designated her treating health care provider and Glen S. Thurgood, PhD.
Expert Witness(es) - Defense --Defendants designated Irv Simons--airport engineer and expert regarding issues related to curb height and painting; Robert Bailey--engineer, Salt Lake City Airport Division and expert on curb height; and Cole Hobbs--Salt Lake Airport Authority--expert on layout at location of the accident.
Damages --Plaintiff claimed unspecified past and future medical expenses and possible future wage loss.
Facts/Contentions --Plaintiff was at the Salt Lake City Airport in the outside passenger loading area. While she was standing behind her car waiting for the party she was there to pick up, another car pulled up behind her and she attempted to step up onto the island to avoid it. She claimed her foot failed to clear the curb and she fell because the step was higher than permitted by applicable code or industry standards.
Defendants claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --PL, NE, OC; Product liability, negligence, ongoing case
Case Name --Diane Lee Conrad and Eugene Gleason vs. A. H. Robins Company, Incorporated, a wholly owned subsidiary of American Home Products; Wyeth-Ayerst Laboratories, a division of American Home Products; Eon Labs Manufacturing, Incorporated; Dale A. Sundwall, MD; Richard A. Taylor, MD; Susan M. Kons, APRN; Physicians Weight Management Clinic; and Does 1 through 10
Case Number --980909798
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 3/02
Amount --The parties agreed by stipulation to the dismissal of defendant Kons from the case without prejudice. The parties earlier stipulated to the release of the American Home defendants from the case after plaintiffs chose to accept a share of the proceeds from the class action settlement.
Injuries --Plaintiff suffered heart valve damage.
Attorney(s) - Plaintiff --Mark D. Dunn, Nancy A. Mismash, George T. Waddoups and Patricia L. LaTulippe of Robert J. DeBry & Associates
Attorney(s) - Defense --For American Home defendants: James H. Clegg, David W. Slagle and Camille N. Johnson of Snow, Christensen & Martineau with Craig N. Hentschel, Edward T. Arnold and Michael H. Walizer of Arnold & Porter, Los Angeles, California of counsel; for defendant Eon: Tracy H. Fowler, Todd M. Shaughnessy and Adrianne Goldsmith of Snell & Wilmer; for defendants Sundwall and Taylor: Dennis M. Ferguson of Williams & Hunt; for defendant Kons: Robert G. Gilchrist, then Robert G. Wright of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified but substantial past and future medical expenses and lost wages.
Facts/Contentions -- Plaintiff Conrad claimed she suffered heart valve damage which kept her from working or maintaining her home and family after she took the prescription drug Pondimin, also known as Fen-Phen, for weight loss. She claimed the drug was developed and insufficiently tested by the American Home defendants; negligently manufactured and distributed by defendant Eon; negligently prescribed by Dr. Sundwall and Dr. Taylor of defendant Weight Management Clinic, and negligently monitored by nurse Kons of the Clinic. Plaintiff Gleason, plaintiff Conrad's husband, claimed loss of consortium.
The American Home defendants denied all liability or negligence and claimed they complied with all FDA standards and requirements in their development, testing and marketing of the drug.
Defendant Eon denied liability and claimed it met applicable standards in its manufacturing and distribution of the drug, and also by giving warning of the health risks associated with Fen-Phen to plaintiffs' health care providers as soon as these risks became known.

PERSONAL INJURY
Case Type --WA, TA, MS, CX; Work-related miscellaneous accident (boulder impact)
Case Name --James P. McLaughlin vs. Granite Construction Company and Wolfe Drilling & Blasting, Incorporated
Case Number --980909706
Court/Judge --3rd District/Stirba; then Burton
Verdict/Settlement --Settlement, 2/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered multiple serious injuries and claimed permanent impairment, including persistent cognitive difficulties.
Attorney(s) - Plaintiff --John A. Snow and Michael F. Richman of Richman & Snow, then Michael F. Richman of Richman & Associates
Attorney(s) - Defense --For defendant Granite: Scott W. Christensen of Plant, Wallace, Christensen & Kanell; for defendant Wolfe: Shawn McGarry, Nan T. Bassett and Michael F. Skolnick of Kipp & Christian
Expert Witness(es) - Plaintiff --Plaintiff designated Roy Vlaovich and Gil Montoya--safety engineers, Granite Construction; Ronald Pennington, Denver, Colorado--acting supervisor, U.S. Department of Labor, Mine Safety & Health Administration; Terry Power--accident investigator, U.S. Department of Labor, Mine Safety & Health Administration; and Paul Cooper and Robert Covington--operator foreman and trackhoe/dozer operators, Granite Construction.
Expert Witness(es) - Defense --Defendant Granite designated Paul France, PhD--biomechanical expert; Jeff Chung, MD--independent medical examination physician; and Del Felix, PT--functional capacity tester. Defendant Wolfe designated Jayne Clark, MD--physical medicine and rehabilitation expert; Perry Fine, MD--pain management expert; Louis Moench, MD--psychiatry expert; and Karl Burgher, PhD--liability expert.
Damages --Plaintiff claimed unspecified but substantial past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff, who worked for a third-party subcontractor company, came to get a truckload of gravel and stone from defendant Granite's pit for use in construction of ramps from I-80 to the pit and from the pit to the freeway. Plaintiff was driving his own company's dump-truck on the road to the loading area; he said he was unaware that Granite had continued its mining operation above the roadway, drilling and blasting for sand, gravel and stone and leaving an overburden of loose earth, rocks and boulders from the drilling and blasting on the slope above the road. Plaintiff's truck was struck by a huge boulder that rolled down the hill from the operations above the roadway. Plaintiff claimed Granite was cited for violations of Federal Mine Safety and Health Administration regulations after the accident. Plaintiff named defendant Wolfe as the company hired by Granite to do the actual drilling and blasting above the roadway.
Defendant Granite denied negligence and liability and claimed plaintiff's injuries were caused by plaintiff's own negligence or that of defendant Wolfe. Defendant Granite cross-claimed against defendant Wolfe.
Defendant Wolfe claimed plaintiff's injuries were caused by the negligence of defendant Granite.

PERSONAL INJURY
Case Type --AA, CX; Automobile accident, counter-claim
Case Name --Donna Salter vs. Jerold Flannery and Darlene Labine
Case Number --980904307
Court/Judge --3rd District/ Wilkinson; then Livingston
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a fractured right wrist, severe contusions to her left chest and clavicle; head contusions; facial trauma; neck injury; back injury; and ongoing headaches.
Attorney(s) - Plaintiff --G. Steven Sullivan of Robert J. DeBry & Associates
Attorney(s) - Defense --For defendant Flannery: Richard K. Spratley of Richard K. Spratley & Associates, then Joseph J. Joyce and Kristin A. Van Orman of Strong & Hanni; for defendant Labine: Lynn S. Davies and Cheri K. Gochberg of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed over $4,300 in medical expenses and $3,300 in lost wages, as well as possible unspecified future medical expenses and lost wages.
Facts/Contentions --Plaintiff was westbound on 4500 South. She claimed defendant Flannery, who was stopped at the southbound stop sign on 400 East at the 4500 South intersection, suddenly pulled out directly in front of plaintiff's car to make a left turn; plaintiff stated she was unable to avoid hitting defendant Flannery's vehicle. Plaintiff claimed defendant Labine, who was eastbound on 4500 South, entered the middle, multi-turn lane dividing the eastbound and westbound lanes of 4500 South and pulled so far forward in an attempt to turn left into Gordon Lane that her car blocked defendant Flannery's vehicle and prevented it from clearing the westbound lanes of travel in time for plaintiff to avoid it. Plaintiff claimed the accident occurred at least in part because defendant Flannery had to slow down in the westbound travel lane of 4500 South to avoid defendant Labine's vehicle.
Defendant Flannery denied liability and claimed plaintiff's injuries were caused by her own negligence or that of defendant Labine. Flannery also claimed some of plaintiff's injuries were pre-existing.
Defendant Labine claimed plaintiff's injuries were caused by her own negligence or that of defendant Flannery. Defendant Labine counter-claimed against plaintiff, alleging a bad faith lawsuit and abuse of process.

PERSONAL INJURY
Case Type --MM, NE, PL, CX; Medical malpractice; negligence, product liability, cross-claim
Case Name --(Name of case withheld)
Case Number --980907863
Court/Judge --3rd District/Stirba
Verdict/Settlement --Settlement, 3/02
Amount --The parties stipulated to the dismissal of defendant health care facility from this action. The other parties to this case settled it for an undisclosed amount.
Injuries --Plaintiff suffered a leg injury which resulted in permanent impairment. Plaintiff suffers ongoing pain and has difficulty walking.
Attorney(s) - Plaintiff --Ralph L. Dewsnup of Dewsnup, King & Olsen
Attorney(s) - Defense --For defendant physician: Richard W. Campbell, Cynthia Campbell and John David Ference of Campbell & Campbell, Ogden; for defendant health care facility: David W. Slagle of Snow, Christensen & Martineau; for defendant medical manufacturer/distributor: Paul Felt of Ray, Quinney & Nebeker
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was hospitalized in defendant health care facility to have a tibial rod installed in her leg by defendant physician. The rod was manufactured and distributed by defendant medical manufacturing/distributing company. Plaintiff claimed that during surgery to extract the rod, the adaptor for the tibial rod extractor broke, causing permanent damage to plaintiff's leg. The adaptor was manufactured and distributed by the defendant medical manufacturer/distributor.
All defendants denied negligence and claimed they met the standards of care for the design, manufacture, distribution, installation and/or monitoring of the tibial rod, the extractor, and the adaptor as these standards of care applied to each of them specifically. Defendant physician cross-claimed against defendant medical manufacturer/distributor, contending that the tibial rod extractor adaptor was defective. Defendant medical manufacturer/distributor contended that the device was improperly used by defendant physician.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Susan Elmer vs. Norma Trevino
Case Number --990911572
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Jury Verdict, 3/02
Amount --The jury found defendant was negligent and her negligence was the proximate cause of plaintiff's injuries. The jury awarded plaintiff $6,294.89 for her stipulated medical expenses but nothing for the disputed medical charges for treatment with Dr. Roberts. The jury further awarded plaintiff $1 for general damages and $174 for lost wages, for a total verdict of $6,469.89.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --William A. Stegall of Stegall & Associates
Expert Witness(es) - Plaintiff --Dr. Whitney Roberts
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. The parties eventually agreed by stipulation that all medical expenses plaintiff incurred between 2/26/99 (the date of the accident) and 3/5/99 were reasonable and necessary to treat the injuries plaintiff sustained in the accident.
Facts/Contentions --Plaintiff, who was exiting from southbound I-15, attempted to merge with northbound traffic. Plaintiff claimed defendant, who was southbound, crossed over into the northbound lanes and struck plaintiff's car head-on.
Defendant admitted that the collision occurred, but denied liability, claiming it was caused by circumstances beyond her control. Defendant initially demanded that a "phantom driver" be named on the verdict form for the purposes of allocating responsibility for the accident.
Mediation of this case was not successful.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Kenneth W. Johnston vs. Joseph E. Kimball
Case Number --990910160
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount. Early offer of judgment by defendant (not accepted): $7,501.
Injuries --Plaintiff suffered unspecified injuries, underwent rehabilitation, and claimed permanent impairment.
Attorney(s) - Plaintiff --R. Scott Rawlings
Attorney(s) - Defense --John R. Lund and Kara L. Pettit of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Plaintiff designated David G. Lord--accident reconstructionist; Dr. Michael Goldstein; Dr. Warren Stadler; and Dr. Scott Raub.
Expert Witness(es) - Defense --Defendant designated Newell Knight--accident reconstructionist; and Dr. Jayne Clark--independent medical examination.
Damages --Plaintiff claimed medical expenses of $5,200 and sought $100,000 in general damages.
Facts/Contentions --Plaintiff claimed defendant negligently collided with plaintiff's vehicle at 5800 South Redwood Road.
Defendant denied liability and claimed plaintiff's injuries were caused by his own negligence and failure to maintain a proper look-out.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Nga T. Dieu vs. Alma Gabriela Zuazo
Case Number --990911514
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 3/02
Amount --The court dismissed this case without prejudice after the parties failed to respond to a court order to resolve the case or certify it as ready for trial within 60 days.
Injuries --Plaintiff suffered injuries to her head, back and neck and claimed permanent impairment.
Attorney(s) - Plaintiff --Michael A. Katz and A. John Witkowski of Michael F. Richman & Associates (later withdrew)
Attorney(s) - Defense --John Clyde Hansen of Petersen & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses as well as lost wages and loss of services.
Facts/Contentions --Plaintiff and defendant were both westbound on 3500 South. Plaintiff claimed defendant, who was just in front of plaintiff, attempted to change lanes into the lane occupied by plaintiff. Plaintiff said she braked and swerved but was unable to avoid striking defendant's right rear bumper. Plaintiff further claimed defendant left the scene after the accident occurred and was driving without a valid license.
Defendant claimed the accident was caused by plaintiff's negligence and failure to maintain a proper look-out. Defendant said she left the scene not because she felt guilty, but because her two daughters were crying uncontrollably, no one came to her assistance, and she lives only four blocks away from where the accident took place. Defendant was cited by the investigating officer for hit and run.

PERSONAL INJURY
Case Type --BT, WA, MS, CX; Work-related assault, miscellaneous (wrongful imprisonment), counter-claim
Case Name --Robert Quinton Cook vs. Randall Sorenson and Old Kent Mortgage Company dba Republic Mortgage Company
Case Number --990909703
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 3/02
Amount --The court dismissed this case without prejudice after the parties failed to respond to a court order to resolve the case or certify it as ready for trial within 90 days.
Injuries --Plaintiff suffered wounds and bruises about the chest and neck and severe throat pain.
Attorney(s) - Plaintiff --Franklin L. Slaugh; then Barton J. Warren
Attorney(s) - Defense --For defendant Republic: Roger H. Hoole of Hoole & King; for defendant Sorenson: Michael N. Martinez
Damages --Plaintiff claimed unspecified past and future medical expenses and sought $5,000 for the wrongful imprisonment, $50,000 for pain and suffering, and $25,000 in punitive damages, claiming defendant Sorenson acted willfully and maliciously.
Facts/Contentions --Plaintiff stated that he was invited to the office of defendant Republic, managed by defendant Sorenson, to pick up a real property appraisal. Plaintiff stated that after he was invited into defendant's private office, defendant Sorenson became belligerent and argumentative regarding the loan and property appraisal plaintiff was working on, and plaintiff decided to leave without the appraisal. Plaintiff claimed defendant Sorenson then restrained plaintiff and kept him in the office against his will, after which defendant Sorenson assaulted plaintiff, beat plaintiff with his fists and attempted to strangle plaintiff. Plaintiff claimed defendant Sorenson threatened to kill plaintiff and plaintiff feared for his life.
Defendant Republic claimed plaintiff was trespassing on defendant Republic's property at the time of the incident. Defendant Republic further claimed defendant Sorenson's actions were not committed in the course and scope of defendant Sorenson's employment and were not committed on behalf of defendant Republic. Defendant Republic also counter-claimed that plaintiff started the fight and sought damages from plaintiff.
Defendant Sorenson contended that plaintiff assumed the risk of damages when he started the fight with defendant Sorenson. Defendant Sorenson counter-claimed that plaintiff became angry and started the altercation after defendant Sorenson told plaintiff the appraisal could not be released to plaintiff, whereupon plaintiff refused to take "no" for an answer, refused to leave the premises and interfered with defendant Sorenson's business by starting the fight on Republic's premises. Defendant Sorenson further counter-claimed that plaintiff filed a slanderous and defamatory complaint against defendant Sorenson with the Murray City Police.
Plaintiff denied liability on both counter-claims.

PERSONAL INJURY
Case Type --AA, TA, UM; Automobile/truck accident, uninsured motorist
Case Name --Bear River Mutual Insurance Company vs. Elizabeth Robinson and William Torstenson
Case Number --0110910279
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 4/02
Amount --Judgment was entered against defendant Torstenson in the amount of $1,565.61, which included $143.26 in accrued interest and $41.00 in costs.
Injuries --Plaintiff's insured suffered unspecified injuries.
Attorney(s) - Plaintiff --Daniel O. Duffin and Thomas A. Duffin of Duffin & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff paid its insured $1,381.35 in medical benefits.
Facts/Contentions --Plaintiff's insured was southbound on Bangerter Highway and had stopped for traffic at a frontage road intersection next to the State Road 201 off-ramp. There were six other vehicles stopped behind plaintiff's insured, and a large dump-truck was turning off SR 201 onto southbound Bangerter. Plaintiff claimed defendant Torstenson, driving a Dodge cargo van owned by defendant Robinson, negligently ran the red light, pulled out in front of the dump-truck and then stopped suddenly, so that the dump-truck was unable to stop in time to avoid a collision that carried it into the other vehicles. Plaintiff claimed defendant Robinson's van was uninsured at the time of the collision.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Christine Gifford vs. Phil D. Holman and Randi Hartle
Case Number --010904785
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --For defendant Hartle: Clifford J. Payne of Nelson, Chipman, Quigley & Hansen; for defendant Holman: William L. Crawford; for Farmers Insurance: Bryan W. Cannon of Cannon & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was westbound on 7800 South, waiting to turn left onto 3200 West. Plaintiff claimed defendant Holman, who was a "no-contact vehicle" but was at least partly responsible for causing the accident, was eastbound on 7800 South and made an improper left turn in front of defendant Hartle's vehicle, causing defendant Hartle's vehicle to fishtail and strike plaintiff's vehicle.
Defendant Holman denied making his left turn improperly and causing the accident. Defendant Holman moved the court to consolidate this case with a suit brought by Farmers Insurance for subrogation damages incurred by Farmers in connection with the same accident. The other parties stipulated to the consolidation, and the court ordered the cases consolidated.
Defendant Hartle claimed he was a victim of the accident, which defendant Hartle contended was caused by defendant Holman's negligence.

PERSONAL INJURY
Case Type --MS; Miscellaneous (baseball impact)
Case Name --Georgette Witcamp vs. Jordan School District
Case Number --990905483
Court/Judge --3rd District/Wilkinson; then Livingston
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a thigh injury which resulted in a permanent form of reflex sympathetic dystrophy. She cannot walk for long periods, cannot ride a bike or walk to and from school, cannot ski and cannot work full-time.
Attorney(s) - Plaintiff --Charles W. Hanna of Smith & Hanna; then F. Kevin Bond of Bond & Call
Attorney(s) - Defense --Assistant Utah Attorney General Edward O. Ogilvie; then Assistant Utah Attorney General Reed M. Stringham III; then Assistant Utah Attorney General Barry G. Lawrence
Expert Witness(es) - Plaintiff --Plaintiff designated her treating physicians.
Damages --Plaintiff claimed medical expenses of $10,732.27 and sought general damages of $250,000.
Facts/Contentions --Plaintiff stated she brought her daughter and five other children to Alta High School in defendant school district to sign up in person for a ballroom dance class, as the class's teacher required. Plaintiff claimed office employees at the school said they knew nothing about the class and sent plaintiff to the gym to find the teacher. Plaintiff claimed the employees should have warned her, or the school should have placed a sign on the gym to warn people entering, that the school baseball team was practicing in the gym and throwing fast balls. Plaintiff said she opened the gym door and took only one step inside before being struck in the thigh by a baseball.
Defendant denied liability and contended that plaintiff filed a prior claim against defendant under the Government Immunity Act which was denied. Defendant claimed it had no duty to place a warning on the gym door. Defendant moved the court for an order excluding from court testimony the fact that defendant placed "Do Not Enter" signs on the gym doors after the accident occurred, and the court granted the motion.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Phan B. Nhan vs. Robert N. Wallace
Case Number --990912036
Court/Judge --3rd District/Lewis
Verdict/Settlement --Jury verdict, 3/02
Amount --The jury found defendant was negligent, but found defendant's negligence was not the proximate cause of plaintiff's injuries. The jury found plaintiff did not suffer permanent impairment as a result of the accident; the jury therefore made no award of damages.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment; plaintiff also claimed the accident exacerbated a pre-existing condition.
Attorney(s) - Plaintiff --R. Scott Rawlings
Attorney(s) - Defense --David W. Lund of Petersen & Associates
Expert Witness(es) - Plaintiff --Dr. Duy D. Tran; Dr. Wayne M. Herbertson
Expert Witness(es) - Defense --Stephen P. Marble, MD--independent medical examination, neurologist, musculoskeletal rehabilitation expert
Damages --Plaintiff claimed medical expenses of $3,347.54 as well as unspecified future medical expenses and past and future lost wages; plaintiff sought $50,000 in general damages.
Facts/Contentions --Plaintiff claimed defendant negligently rear-ended plaintiff's vehicle at the 700 North off-ramp of I-215 after plaintiff slowed for traffic congestion ahead.
Defendant admitted striking plaintiff's vehicle, but claimed plaintiff's negligence was equal to or greater than defendant's. Defendant also disputed plaintiff's claim of permanent impairment, argued that the accident was a minor impact which caused only minimal property damage; defendant contended that all of plaintiff's injuries resulted from pre-existing conditions.

PERSONAL INJURY
Case Type --AA, AR; Alcohol-related automobile accident
Case Name --Matthew Hatch vs. William Cannon and Does 1 through 10
Case Number --980913331
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered lower back and hip injuries and claimed permanent impairment. He is still in pain and has at times been placed on complete bed rest. His physician placed him on work release for an extended period of time, and also advised him that he should not continue to work as a plumber because the job is too physically demanding given his permanent work restrictions. Plaintiff still has trouble sleeping because of pain.
Attorney(s) - Plaintiff --Clayne I. Corey and Randall D. Lund of Corey & Lund
Attorney(s) - Defense --Stephen J. Trayner of Strong & Hanni (later withdrew)
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages and sought $1,000,000 in punitive damages.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by defendant Cannon, which was on a highway about 15 miles east of West Yellowstone when it left the road and rolled over. Plaintiff, who was asleep at the time of the roll-over, claimed defendant had a blood alcohol level of twice the legal limit and recklessly and negligently lost control of the car.
Defendant denied driving under the influence of alcohol, denied liability, and claimed plaintiff's injuries were caused by the actions of third parties over whom defendant had no control. Defendant also denied acting recklessly and negligently.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --Jalene Beckstead vs. Joy King
Case Number --990906824
Court/Judge --3rd District/Stirba; then Noel; then Lubeck; then Burton
Verdict/Settlement --Verdict, 4/02
Amount --Defendant earlier confessed to a judgment in the amount of $88,954.75, which included $16,641.26 in accrued interest and $153.00 in costs; pursuant to her confession, defendant agreed to pay plaintiff $7,500 in satisfaction of the judgment, with satisfaction to take the form of monthly payments of $750 each, continuing until the entire $7,500 was paid. Plaintiff sought and obtained this judgment for the entire amount due when defendant failed to make the payments as agreed.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Kyle W. Jones
Attorney(s) - Defense --Christopher A. Tolboe of Murphy, Tolboe & Mabey; then James I. Watts (later withdrew)
Damages --Plaintiff claimed $72,160.49 in medical expenses.
Facts/Contentions --Plaintiff was westbound on 4100 South, waiting to make a left turn onto 3655 West. Plaintiff claimed traffic in both eastbound lanes was stopped to allow plaintiff to make the turn; however, plaintiff claimed, defendant, who was also eastbound on 4100 South, pulled out onto the shoulder of the road from behind the traffic in both eastbound lanes that was stopped for plaintiff and struck plaintiff's vehicle. Plaintiff was taken to the hospital from the scene. Plaintiff claimed defendant was uninsured.
Defendant denied liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Garth Adams vs. Valerie Ross
Case Number --980907732
Court/Judge --3rd District/Hutchings; then Iwasaki
Verdict/Settlement --Settlement, 3/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered whiplash injuries to his neck and lower back, as well as injury to both knees and injuries to his brain, head and eyes. Plaintiff claimed permanent impairment.
Attorney(s) - Plaintiff --Lowell V. Summerhays; then Martin S. Tanner of Howe & Tanner
Attorney(s) - Defense --Clifford J. Payne of Nelson, Chipman, Quigley & Hansen
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff' vehicle at high speed.
Defendant claimed plaintiff's injuries were caused by his own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Numa Kaufana vs. Smiths Food and Drug Centers, Incorporated; California Professional Cleaning Services, incorporated; Star Bright Cleaning Service; United Service Solutions, Incorporated; and Does 1 through 10
Case Number --980910715
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement and jury verdict, 2/01 and 3/02
Amount --Plaintiff settled with defendant Smiths for an undisclosed amount in early 2001. The case between plaintiff and defendants California and Star Bright went to a jury trial, and the jury found that defendant California and Star Bright were negligent, but that their negligence was not the proximate cause of plaintiff's injuries. The court therefore entered judgment in favor of defendants California and Star Bright and awarded them $1,331.95 in costs.
Injuries --Plaintiff suffered injuries to her neck, back, left knee, and head; she claimed permanent impairment.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --For defendant Smiths: Michael F. Skolnick and Catherine E. Roberts of Kipp & Christian; for defendants California, Star Bright and United: Robert H. Henderson of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Dr. Scott Adelman; Dr. Lance Rawlings; Dr. Robert Peterson
Expert Witness(es) - Defense --Dr. Wayne Patrick Knibbe
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff stated that she was shopping at defendant Smiths store at 800 South and 900 West when she slipped and fell in a liquid cleaning compound which was allowed to remain on the floor after defendant cleaning companies cleaned the floor. Plaintiff named the defendant cleaning companies as contractors and/or subcontractors who were hired by defendant Smiths to clean the floor in the store. Plaintiff claimed there was no warning sign placed on the floor to let patrons know it was wet.
Defendant Smiths denied liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant Smiths had no control.
Defendants California, Star Bright and United denied liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendants California, Star Bright and United had no control.
The parties agreed by stipulation to the dismissal of defendant United from the action.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Numa Kaufana vs. Smith's Food and Drug Centers, Incorporated; California Professional Cleaning Services, Incorporated; Star Bright Cleaning Service; United Service Solutions, Incorporated; and Does 1 through 10
Case Number --980910715
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement and jury verdict, 2/01 and 3/02
Amount --Plaintiff settled with defendant Smith's for an undisclosed amount in early 2001. The case between plaintiff and defendants California and Star Bright went to a jury trial, and the jury found that defendant California and Star Bright were negligent, but that their negligence was not the proximate cause of plaintiff's injuries. The court therefore entered judgment in favor of defendants California and Star Bright and awarded them $1,331.95 in costs.
Injuries --Plaintiff suffered injuries to her neck, back, left knee, and head; she claimed permanent impairment.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --For defendant Smiths: Michael F. Skolnick and Catherine E. Roberts of Kipp & Christian; for defendants California, Star Bright and United: Robert H. Henderson of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Dr. Scott Adelman; Dr. Lance Rawlings; Dr. Robert Peterson
Expert Witness(es) - Defense --Dr. Wayne Patrick Knibbe
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff stated that she was shopping at defendant Smith's store at 800 South and 900 West when she slipped and fell in a liquid cleaning compound which was allowed to remain on the floor after defendant cleaning companies cleaned the floor. Plaintiff named the defendant cleaning companies as contractors and/or subcontractors who were hired by defendant Smith's to clean the floor in the store. Plaintiff claimed there was no warning sign placed on the floor to let patrons know it was wet.
Defendant Smith's denied liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant Smiths had no control.
Defendants California, Star Bright and United denied liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendants California, Star Bright and United had no control.
The parties agreed by stipulation to the dismissal of defendant United from the action.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Gabriel Hodson vs. Kimberly Angeli
Case Number --000902457
Court/Judge --3rd District/Stirba; then Burton
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount just before the trial date. Offer of judgment by defendant (not accepted): $11,000 new money.
Injuries --Plaintiff suffered injuries to his spine, back and legs.
Attorney(s) - Plaintiff --Dana M. Facemeyer, Provo
Attorney(s) - Defense --Joseph J. Joyce and Kristin A. Van Orman of Strong & Hanni
Damages --Plaintiff claimed medical expenses of $6,000 and unspecified lost wages, as well as future medical expenses.
Facts/Contentions --Plaintiff claimed defendant, who was traveling in the same direction as plaintiff, made an improper left turn and collided with the right side of plaintiff's vehicle.
Defendant claimed plaintiff's injuries were the result of his own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --WA, MS; Work-related miscellaneous (elevator accident)
Case Name --Keith Sestak vs. Smith's Food and Drug Centers, Incorporated
Case Number --000902736
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount. Plaintiff also settled with his own employer for $9,000 in workers' compensation benefits less attorneys's fees for medical expenses and temporary total disability benefits related to this accident; his employer disputed industrial nature of the injury, claiming it resulted from plaintiff's own negligence. Plaintiff and his employer reached a second settlement agreement a year later whereby plaintiff was paid another $3,800 less attorneys' fees.
Injuries --Plaintiff suffered a crush injury to his right foot and ankle; he also claimed the accident re-aggravated a recently healed knee injury when his body was twisted as his foot was caught. Plaintiff was recovering from knee surgery at the time of this accident. The twisting injury also caused lower back problems. Plaintiff claimed permanent impairment as a result of this accident, and reconstructive surgery has been recommended.
Attorney(s) - Plaintiff --Gary E. Atkin, Kenneth E. Atkin and K. Dawn Atkin of Atkin & Associates
Attorney(s) - Defense --Stephen G. Morgan, Joseph E. Minnock and Todd C. Hilbig of Morgan, Meyer & Rice; for plaintiff's employer's workers' compensation insurance carrier: Thomas C. Sturdy of Blackburn & Stoll
Damages --Plaintiff claimed combined special damages of $25,000 and sought general damages of $200,000. A workers' compensation lien was filed by his employer's workers' compensation insurance carrier for medical expenses of $6,102.98 and $15,307.30 in temporary total disability compensation which the carrier paid plaintiff.
Facts/Contentions --Plaintiff entered the freight elevator in the loading area of Smith's store at 402 East 6th Avenue to load a shipment of soft drinks sent by his employer for delivery to the main floor of the store. Plaintiff claimed the freight elevator began to rise without the safety gate being closed, and plaintiff's foot was caught and crushed between the elevator and the lower freight door. Plaintiff also claimed the lighting in the elevator was inadequate and no signs were posted warning potential users that the elevator was unsafe.
Defendant denied liability and claimed plaintiff's injuries were the result of his own negligence or that of third parties over whom defendant had no control. Plaintiff filed an industrial injury claim with his employer's workers' compensation carrier, who contested his claim that the accident was industrial and claimed plaintiff's injuries occurred because plaintiff intentionally kicked the door of the elevator in an attempt to get it to start moving.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Adam Chang vs. Bradley Martin and Does 1 through 5
Case Number --010901710
Court/Judge --3rd District/Hanson
Verdict/Settlement --Verdict, 4/02
Amount --The court dismissed this case pursuant to defendant's motion on grounds that plaintiff failed to prosecute the case.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --John Cummings, Ogden (later withdrew)
Attorney(s) - Defense --David W. Lund of Petersen & Hansen
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff's vehicle on I-15.
Defendant admitted that his vehicle struck plaintiff's, but denied liability and claimed plaintiff's injuries were the result of his own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff's injuries were pre-existing. After plaintiff's counsel withdrew, defendant filed a motion to dismiss on grounds that plaintiff failed to appear in person or appoint new counsel to prosecute his case after defendant gave him notice to do so.

PERSONAL INJURY
Case Type --BT, ED; Assault, emotional distress claim
Case Name --Steven Scott McSweeney and Laurie Jean Stephensen vs. Olden Polynice
Case Number --010903963
Court/Judge --3rd District/Lewis
Verdict/Settlement --Verdict, 4/02
Amount --The court dismissed this case for plaintiff's failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiffs claimed defendant's behavior caused them severe emotional distress and left them in fear for their lives due to defendant's final threat.
Attorney(s) - Plaintiff --D. Gilbert Athay
Attorney(s) - Defense --None listed.
Damages --Plaintiffs sought damages of $25,000 for emotional distress caused by defendant's behavior; plaintiffs also sought $25,000 in punitive damages, claiming defendant's behavior was reckless and malicious.
Facts/Contentions --Plaintiffs were driving home on Redwood Road, with plaintiff McSweeney driving and plaintiff Stephensen as passenger. Plaintiffs claimed that as plaintiff McSweeney hit his turn signal to turn onto 2300 South, a black Mercedes driven by defendant pulled up behind their car and almost rear-ended it. Plaintiffs claimed defendant then flashed his headlights, pulled alongside plaintiffs and ordered them to stop, saying he (defendant) was a cop. Plaintiff McSweeney claimed he kept going but stopped at the next stop sign, at which time defendant again pulled up alongside and flashed a badge of some sort. Plaintiff McSweeney said he kept going until he reached home, whereupon defendant pulled up behind his car, again presented the badge to plaintiffs and identified himself as a Los Angeles police officer. Plaintiff claimed defendant said, "I'm going to kick your ass and then take you to jail," after which defendant pulled a gun out of a leather bag and got out of the car. Plaintiffs said defendant then got back in his car and drove away, shouting, "We'll be back."

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Jennifer Simpson Kesler vs. Gary Groscost dba Cavalier Plumbing
Case Number --010903239
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --James E. Morton and David M. Bernstein of Bugden, Collins & Morton; later James E. Morton and Jacqueline D. Carmichael of Morton & Carmichael
Attorney(s) - Defense --John R. Lund and Trystan B. Smith of Snow, Christensen & Martineau
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was northbound on Highland Drive, and defendant was southbound, waiting to turn left onto 4190 South. Plaintiff claimed defendant, who was in the course and scope of his employment and was driving a company truck, made an improper left turn in front of plaintiff, causing a collision.
Defendants denied liability and claimed plaintiff's injuries were the result of her own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --WA, MS, OC; Work-related miscellaneous (electrocution), ongoing case
Case Name --Phillip White vs. Hogan & Tingey Construction, Incorporated; Hogan & Associates Construction, Incorporated; Tingey Construction Company, Incorporated; Tingey-Carr Enterprises, and Doe Companies 1 through 3
Case Number --010907359
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 4/02
Amount --Plaintiff voluntarily dismissed defendants Hogan & Associates, Tingey Construction Company, and Tingey-Carr Enterprises from the action, having determined that Hogan & Tingey Construction is the proper defendant in this matter.
Injuries --Plaintiff suffered second degree burns on his right hand, left elbow and both knees.
Attorney(s) - Plaintiff --John Edward Hansen of Scalley & Reading and William J. Hansen of Christensen & Jensen
Attorney(s) - Defense --George T. Naegle of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified medical expenses and lost wages.
Facts/Contentions --Plaintiff was working as a hoist operator for his employer at the Questar Building construction project in downtown Salt Lake City. He stated that the cable on the hoist he was operating came into contact with nearby power lines, and plaintiff was electrocuted for 10 to 15 seconds. Plaintiff claimed the general contractor on the job failed to have the power lines covered or de-activated while workers were near them and thus failed to provide a safe workplace for the workers on the job site. Plaintiff originally named all defendants because he was unsure which company was the actual general contractor and controlling entity on the job.
Defendant Hogan & Tingey denied liability and moved for an order adding plaintiff's employer to the special verdict form, claiming the worker who pulled the cable into the power line also worked for plaintiff's employer. Defendant Hogan & Tingey denied that it was the insurer of plaintiff's safety on the job site. Defendant Hogan & Tingey also claimed plaintiff's own negligence was partly the cause of his injuries.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Norma Gardiner vs. Sean Ajax and Does 1 through 10
Case Number --000905158
Court/Judge --3rd District/Thorne; then Barrett
Verdict/Settlement --Judgment on jury verdict, 4/02
Amount --The jury found defendant was negligent, but also found defendant's negligence was not the proximate cause of plaintiff's injuries. The court therefore entered judgment against plaintiff and awarded defendant his costs. Early offer of judgment by defendant (not accepted): $500.
Injuries --Plaintiff suffered injuries to her neck and back and claimed the accident left her with headaches.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --David W. Lund of Petersen & Hansen
Expert Witness(es) - Plaintiff --Dr. Douglas Seville; Todd Gary Singleton, DC
Expert Witness(es) - Defense --Dr. John P. Barbuto--neurologist
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant, who was in the course and scope of his employment, negligently collided with plaintiff's vehicle in a private parking lot on 4164 South.
Defendant denied liability and claimed plaintiff's injuries were the result of her own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff's injuries were pre-existing.

PERSONAL INJURY
Case Type --AA, MS; Automobile accident, miscellaneous (uncontrolled dogs)
Case Name --Thor Feminias vs. Larry Barnes
Case Number --000903463
Court/Judge --3rd District/Nehring
Verdict/Settlement --Verdict/settlement, 4/02
Amount --The court entered judgment against defendant in the amount of $3,879.95, but the parties later petitioned the court to set the judgment aside on grounds that they had reached a settlement agreement.
Attorney(s) - Plaintiff --Jeffrey C. Shorter of Snow, Nuffer
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed damage to his vehicle in the amount of $3,879.95.
Facts/Contentions --Plaintiff claimed defendant allowed his dogs to run uncontrolled, causing plaintiff to have a vehicular accident.

PERSONAL INJURY
Case Type --AA, PA; Automobile/pedestrian accident
Case Name --Krystal Scholl vs. William S. McDaniel
Case Number --000903266
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified serious injuries.
Attorney(s) - Plaintiff --Chase Kimball of the Law Offices of Randall L. Meek
Attorney(s) - Defense --Stephen J. Trayner of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was on foot in the crosswalk at 300 South and 500 East. Plaintiff claimed defendant, who was southbound on 500 East, made a right turn onto 300 South without looking and struck plaintiff. Plaintiff claimed defendant was cited at the scene for improper lookout.
Defendant denied liability and claimed plaintiff's injuries were the result of her own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Robert Grant Worthen vs. Burns K. Black
Case Number --000909891
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant, made 14 days before stipulation for dismissal was filed: $60,000.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Steven C. Tycksen and Cory D. Memmott of Zoll & Tycksen
Attorney(s) - Defense --John R. Lund and Robert W. Thompson of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Plaintiff designated his treating health care providers.
Damages --Plaintiff claimed $27,842.32 in medical expenses plus unspecified future medical expenses and past and future lost wages.
Facts/Contentions --Plaintiff claimed defendant negligently collided with plaintiff's vehicle on State Road 201 in West Valley City.
Defendant claimed plaintiff's injuries were caused by plaintiff's own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Mauria Tanner vs. Teresa Collins
Case Number --000909623
Court/Judge --3rd District/Stirba; then Lubeck
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a ruptured disc and underwent spinal surgery.
Attorney(s) - Plaintiff --Steven Kuhnhausen and John L. Black Jr.
Attorney(s) - Defense --Richard K. Glauser, D. Joseph Cartwright and Trent D. Holgate of Smith & Glauser
Expert Witness(es) - Plaintiff --Plaintiff designated her treating health care providers.
Damages --Plaintiff claimed combined special damages of $31,628.67 and sought general damages of $100,000.
Facts/Contentions --Plaintiff claimed defendant rear-ended another car and forced it into plaintiff's vehicle. All three cars were in the left turn lane of Sunnyside Avenue at the Foothill Boulevard intersection.
Defendant claimed plaintiff's injuries were pre-existing. Defendant also claimed the accident was caused by the negligence of third parties over whom defendant had no control or by an act of God and not by defendant's negligence.

PERSONAL INJURY
Case Type --MS; Miscellaneous (collapsed wall)
Case Name --Earl M. Sitz vs. Benjamin Colby Ries
Case Number --000908752
Court/Judge --3rd District/Peuler
Verdict/Settlement --Settlement, 4/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --James R. Boud of Braunberger, Boud & Draper and Robert I. Ashton
Attorney(s) - Defense --John Edward Hansen and Wesley D. Hutchins of Scalley & Reading
Expert Witness(es) - Plaintiff --Plaintiff designated Leon Dostert--framing contractor.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was helping defendant, who was plaintiff's next-door neighbor, and several other neighbors who were raising a wall in a house defendant was building on the property next to plaintiff's house. The workers were lifting the wall into place, but plaintiff claimed the wall was too long and heavy for the overhead lifting required to position it on the foundation and the other neighbors failed to support the weight of the wall. The wall fell back onto the floor, falling on plaintiff and crushing him beneath it. Plaintiff claimed defendant was negligent in his direction of the work, in his construction of the wall and in not having enough people present to help when he attempted to raise the wall.
Defendant denied negligence and claimed plaintiff failed to establish that he suffered any injuries that were caused by the incident.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name