Trial Reports
2003

Personal Injury

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Darcy Dixon vs. James Marshall; Amber Marshall; and Brook Childs
Case Number --010911260
Court/Judge --3rd District/Burton
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman & Associates
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was northbound on 1000 East at approximately 11212 South. Plaintiff claimed defendant Childs was driving a vehicle owned by defendant James Marshall with permission from defendant Amber Marshall, defendant James Marshall's daughter. Plaintiff claimed defendant Childs, who did not have a valid driver's license, pulled out of a parking lot directly in front of plaintiff's vehicle so abruptly that plaintiff had no time to swerve or brake in order to avoid a collision.
Defendants claimed plaintiff's injuries were caused by the negligence of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Linda Rasmussen vs. Amanda Eyre, through her guardian, Ruth Eyre; and Ruth Eyre
Case Number --010911660
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Tad D. Draper of Braunberger, Boud & Draper
Attorney(s) - Defense --Paul H. Matthews of Kirton & McConkie, later of Paul H. Matthews & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was stopped in traffic on westbound 5600 South. Defendant Amanda Eyre, a minor driving a vehicle owned by her guardian Ruth Eyre with the consent of her guardian, was two cars behind plaintiff's vehicle. Plaintiff claimed defendant Amanda Eyre rear-ended the vehicle behind plaintiff's vehicle and pushed it into plaintiff's vehicle.
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 --AA, WA; Work-related automobile accident
Case Name --Leland Olsen vs. Miriam J. Frankenfield and Holy Cross Ministries
Case Number --000900423
Court/Judge --3rd District/Wilkinson
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for $58,000.
Injuries --Plaintiff suffered headaches of unknown origin; post-traumatic concussion syndrome; cervical, thoracic and lumbar sprain-strain; bilateral knee contusions; and dental fractures; he claimed permanent impairment. He had a prior history of migraine headaches. One year after he was involved in this accident, he was involved in a second accident in which he was rear-ended while waiting to turn left at a light.
Attorney(s) - Plaintiff --Edward R. Montgomery
Attorney(s) - Defense --Stephen J. Trayner and S. Scott Jacobson of Strong & Hanni
Damages --Plaintiff claimed over $20,000 in medical expenses.
Facts/Contentions --Plaintiff was eastbound on 600 South, approaching the 900 East intersection. Plaintiff claimed he went through the intersection on a green light. Plaintiff claimed defendant Frankenfield, who was northbound on 900 East and who was in the course and scope of her employment with defendant Holy Cross Ministries, ran the red light at the 600 South intersection and crashed into plaintiff's car.
Defendants 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 --WA, SF; Work-related slip/fall
Case Name --Ronald Ray Wert vs. Union Pacific Railroad and Does 1 through 20
Case Number --010905025
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered back injuries, and surgery was recommended but has not yet been performed.
Attorney(s) - Plaintiff --Randall R. Smart of Snow Nuffer and Richard E. Crow of the Crow Law Firm, Sacramento, California (admitted pro hac vice for the purpose of representing plaintiff in this case only before a Utah court)
Attorney(s) - Defense --Jeffrey J. Devashrayee and J. Clare Williams of Union Pacific Railroad; then E. Scott Savage and Casey K. McGarvey of Berman, Gaufin, Tomsic & Savage
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. He sought $2,500,000 in total damages.
Facts/Contentions --Plaintiff worked for defendant as a railroad conductor. He stated that he slipped and fell off the platform of the locomotive as he was in the process of exiting the locomotive in the Elko yard. Plaintiff claimed the platform had not been properly cleaned and constituted an unsafe work environment in that it was slippery. Plaintiff brought this suit under federal law, which requires that injured railroad employees seek compensation for work-related injuries through state district courts instead of before the Labor Commission.
Defendants 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 --MS; Miscellaneous (hiking injury)
Case Name --Jeff Dabb vs. State of Utah Department of Youth Corrections and Aspen Youth Services
Case Number --020906596
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 12/02
Amount --The court dismissed this case pursuant to defendants' motion, finding that plaintiff's counter-arguments did not have merit.
Injuries --Plaintiff suffered a left knee injury. He claimed his request for medical attention was denied by Aspen personnel, with the result that he injured the knee further when he continued to walk on it. He claimed permanent disability.
Attorney(s) - Plaintiff --David Bert Havas, Ogden
Attorney(s) - Defense --Assistant Utah Attorney General Joni J. Jones and Utah Attorney General Mark Shurtleff
Damages --Plaintiff claimed unspecified medical expenses.
Facts/Contentions --Plaintiff was sentenced by defendant State of Utah Department of Youth Corrections to attend a wilderness program operated by defendant Aspen. He was taken out into the San Rafael area on a forced hike, where he was injured.
Defendants moved to dismiss this action on grounds that suits against the State for negligence are barred if the injured person's injuries arose out of incarceration or other involuntary confinement. Since plaintiff was sentenced to attend the program, he is not allowed to sue for negligence if he was injured while attending. The court discounted his argument that this part of Utah law should not apply because he was a juvenile convicted only of a status offense, which would not have been a crime of he were an adult, because he was still in a place of involuntary legal confinement at the time of his injury.

PERSONAL INJURY
Case Type --AA, AR; Automobile accident, alcohol-related (dramshop) claim
Case Name --Tanh Dang vs. Steve I. Padjen and Does 1 through 5
Case Number --020907619
Court/Judge --3rd District/Livingston
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Mel S. Martin and Edward T. Wells
Attorney(s) - Defense --Jeffrey C. Miner of Morgan, Minnock & Rice
Damages --Plaintiff claimed combined special and general damages of over $20,000. Plaintiff also sought punitive damages for willful and reckless endangerment.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by defendant Padjen. Plaintiff claimed defendant Padjen, who was intoxicated, changed lanes without signalling in the intersection of 900 South and Main Street and collided with another vehicle, injuring plaintiff. Plaintiff named the Doe defendants as having sold or otherwise supplied alcohol to defendant Padjen.
Defendant Padjen denied being drunk and claimed plaintiff did not meet the $3,000 threshold for special damages required by law before an injured plaintiff may sue. Defendant Padjen also claimed plaintiff's injuries were pre-existing and the accident was caused by the negligence of third parties over whom defendant Padjen had no control.

PERSONAL INJURY
Case Type --AA, AR; Automobile accident, alcohol-related (dramshop) claim
Case Name --Hung Tran vs. Steve I. Padjen and Does 1 through 5
Case Number --020907678
Court/Judge --3rd District/Fratto
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Mel S. Martin and Edward T. Wells
Attorney(s) - Defense --Jeffrey C. Miner of Morgan, Minnock & Rice
Damages --Plaintiff claimed combined special and general damages of over $20,000. Plaintiff also sought punitive damages for willful and reckless endangerment.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by defendant Padjen. Plaintiff claimed defendant Padjen, who was intoxicated, changed lanes without signalling in the intersection of 900 South and Main Street and collided with another vehicle, injuring plaintiff. Plaintiff named the Doe defendants as having sold or otherwise supplied alcohol to defendant Padjen.
Defendant Padjen denied being drunk and claimed plaintiff did not meet the $3,000 threshold for special damages required by law before an injured plaintiff may sue. Defendant Padjen also claimed plaintiff's injuries were pre-existing and the accident was caused by the negligence of third parties over whom defendant Padjen had no control.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, underinsured motorist
Case Name --Yvonne Wilcox vs. Amber Johnson; Lorenda Knapp; and Farmers' Insurance
Case Number --010904168
Court/Judge --3rd District/Livingston
Verdict/Settlement --Verdict, 12/02
Amount --The court dismissed this case without prejudice for plaintiff's failure to serve defendants with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered post-traumatic brain injury; cervical thoracic and lumbar sprain-strain; chest wall contusion; right shoulder sprain; right knee injury; and aggravation of right hip dysplasia necessitating right total hip arthroplasty.
Attorney(s) - Plaintiff --J. Jordan Christianson of Robert J. DeBry & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed over $50,000 in past medical expenses and unspecified past lost wages, as well as unspecified future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed she was stopped for traffic at about 350 East on westbound 7200 South when defendant Knapp rear-ended her vehicle. Plaintiff claimed she was then rear-ended again when defendant Johnson rear-ended defendant Knapp's vehicle and caused it to collide a second time with the rear of plaintiff's car. Plaintiff stated that she anticipated that both defendant drivers' insurance carriers would tender policy limits in settlement, but she named her own insurance carrier, defendant Farmers', to preserve her rights in the event that either defendant driver proved to be underinsured.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Teresa Allred vs. Gabriela Rodriquez and Does 1 through 10
Case Number --000908184
Court/Judge --3rd District/Peuler
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered headaches, neck pain, back pain, and right hand pain.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --Terry M. Plant and Cory D. Memmott of Plant, Wallace, Christensen & Kanell
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was eastbound on 3500 South. As she approached the 6400 West intersection, plaintiff claimed, defendant, who was westbound on 3500 South, failed to yield the right of way while attempting to make a left turn onto southbound 6400 West and collided with plaintiff's vehicle. Plaintiff named the Doe defendants as possible contributors to the circumstances which led to the accident.
Defendant claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff's special damages failed to meet the $3,000 threshold required by Utah law before an injured plaintiff may file suit.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck/trailer accident
Case Name --Karen Cook, individually and as guardian for her minor child, William Cook, vs. Anthony Banks
Case Number --000908833
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff Karen Cook suffered unspecified injuries and lost consciousness briefly at the scene. Plaintiff William Cook, aged 17, suffered head and dental injuries, but did not lose consciousness; he was placed on a backboard in a Philadelphia collar at the scene and transported to a medical facility for treatment. A CT scan taken later revealed no evidence of edema or hemorrhage. Plaintiff William Cook also suffered shoulder and arm injuries, but X-rays revealed no fractures.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --Scott T. Evans of Christensen & Jensen
Damages --Plaintiffs both claimed unspecified past and future medical expenses, and plaintiff Karen Cook also claimed unspecified past and future lost wages.
Facts/Contentions --Plaintiffs were at the intersection of 9400 South and 1300 East. Plaintiff Karen Cook claimed defendant ran a red light at the intersection and struck a truck pulling a trailer full of leaves. The trailer hit plaintiffs’ vehicle and pushed it into another car.
Defendant claimed plaintiffs’ injuries were caused by the negligence of a third party or parties over whom defendant had no control.
The parties stipulated to the dismissal of plaintiff William Cook from the action without prejudice; this plaintiff may re-file when sufficient medical bills are submitted to prove that he reached the $3,000 threshold for special damages required by Utah law before an injured plaintiff may file suit.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Andrea Parry vs. Angelica J. Jenkins
Case Number --010903512
Court/Judge --3rd District/Livingston; then Hilder
Verdict/Settlement --Verdict, 12/02
Amount --The court dismissed this case without prejudice for plaintiff’s failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered injuries to her spine, neck and leg, and claimed permanent impairment.
Attorney(s) - Plaintiff --Mark C. McLachlan of Mark C. McLachlan & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was a passenger in an automobile driven by her grandmother, which was westbound on 6200 South at about 3700 West. Plaintiff claimed defendant, who was following too closely, rear-ended plaintiff’s vehicle.
Plaintiff’s attorney moved for and was granted an extension of time to serve defendant after defendant moved and left no forwarding address. Plaintiff’s attorney requested that Allstate, defendant’s insurance carrier, accept service on defendant’s behalf, but Allstate declined to do so.

PERSONAL INJURY
Case Type --AA, WA, AR; Work-related, alcohol-related automobile accident
Case Name --Yong Seon Jong vs. Kenneth Maskill; State Farm Insurance Company; and Does 1 through 10
Case Number --010903492
Court/Judge --3rd District/Livingston
Verdict/Settlement --Verdict, 12/02
Amount --Per plaintiff’s request, the court dismissed this case with prejudice.
Injuries --Plaintiff suffered head, neck and back injuries, including disc herniation and bulging at L2/3 and L5/S1.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. Plaintiff also sought punitive damages, claiming defendant’s behavior was willful and reckless.
Facts/Contentions --Plaintiff was westbound on 3300 South and had stopped for a red light at the intersection of 900 West. Plaintiff claimed defendant Maskill, who was in the course and scope of his employment and was driving under the influence of alcohol, rear-ended plaintiff’s vehicle.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Dietrich Hutchins vs. Scott Hurd
Case Number --010903481
Court/Judge --3rd District/Nehring
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Peter C. Collins of Bugden, Collins & Morton
Attorney(s) - Defense --Paul H. Matthews and Richard N. Barnes of Kirton & McConkie; then of Paul H. Matthews & Associates
Expert Witness(es) - Plaintiff --Plaintiff designated Jason F. Hamula, MD; Charles M. Bova, MD; Laney Nelson, DC; David Taggart and/or Larry Monson, PT; an unnamed accident reconstructionist and/or a biomechanical expert as rebuttal witnesses only; and Paul A. Randle, PhD--economist.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was eastbound on State Road 201 near 900 West and had stopped for traffic ahead. Plaintiff claimed defendant rear-ended a third vehicle, which was directly behind plaintiff, and pushed it into plaintiff’s vehicle.
Defendant claimed plaintiff failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue. Defendant also claimed plaintiff’s injuries were caused by the negligence of third parties over whom defendant had no control, since defendant believed the driver of the third-party vehicle might have struck plaintiff’s car before defendant struck the third party’s car.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jody Morgan vs. Estate of Hugh J. Nelson
Case Number --010902929
Court/Judge --3rd District/Livingston; then Hilder
Verdict/Settlement --Verdict, 12/02
Amount --The court dismissed this case without prejudice for plaintiff’s failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered back injuries with pain, spasms and headaches; plaintiff claimed permanent impairment.
Attorney(s) - Plaintiff --James C. Lewis and L. John Lewis of Jones, Waldo, Holbrook & McDonough
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and sought total combined special and general damages of $100,000.
Facts/Contentions --Plaintiff was eastbound on I-80 at about 1100 East. Plaintiff claimed she was traveling about 20 miles an hour because of traffic conditions when defendant attempted to make a U-turn and collided with plaintiff’s vehicle. Plaintiff claimed defendant’s turn was so abrupt that plaintiff was unable to avoid the collision. Defendant died a little under nine months after the accident.

PERSONAL INJURY
Case Type --MS; Miscellaneous (crowd injury)
Case Name --Jackie Baum vs. Gregory Ostertag and Buzas Baseball, Incorporated dba Franklin Covey Field, also dba the Salt Lake Stingers; and the City of Salt Lake
Case Number --010902858
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a knee injury which required surgical repair.
Attorney(s) - Plaintiff --Clifford J. Payne of Nelson, Chipman, Quigley & Hansen; then Tad D. Draper of Braunberger, Boud & Draper
Attorney(s) - Defense --For defendant Ostertag: J. Randall Call of Prince, Yeates & Geldzahler; then Victoria K. Kidman and Mark D. Dunn of Kidman & Associates; for defendants Buzas et al.: Mark L. McCarty and Martha Knudson of Richards, Brandt, Miller & Nelson; then Dale J. Lambert of Christensen & Jensen; for Salt Lake City Corporation: Assistant City Attorney J. Wesley Robinson
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff attended a celebrity softball game at defendant Buzas’ Franklin Covey facility. Plaintiff claimed defendant Ostertag, who was participating in the event, negligently sprayed a high-pressure water hose into the crowd just below plaintiff. Some of the spectators, attempting to escape the spray of water, turned and ran up the stairway just to the side of plaintiff’s seat, trampling over plaintiff and smashing her knee into the step.
Defendant Ostertag denied negligence and contended that plaintiff assumed the risk of injury by attending the game. Defendant Ostertag also claimed that plaintiff’s injuries were caused by the negligence of the third party audience members, over whom defendant Ostertag had no control. Defendant Ostertag contended that his actions were not the proximate cause of plaintiff’s injuries.
Defendant Buzas denied any ownership or operation of Franklin Covey Field. Defendant Buzas therefore denied that it was properly named in the suit or that it had any duty to plaintiff concerning the condition of the premises or the spectators. Defendant Buzas also contended that plaintiff failed to name and join as indispensable parties to the suit the people who trampled her at the game. Defendant Buzas also claimed plaintiff assumed the risk of her injuries by attending the game; Buzas argued that defendant Buzas’ actions were not the proximate cause of plaintiff’s injuries.
Defendant Salt Lake City Corporation claimed immunity from suit under the Governmental Immunity Act.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Tony Roland vs. Beth Sorenson
Case Number --010902705
Court/Judge --3rd District/Livingston; then Hilder
Verdict/Settlement --Verdict, 12/02
Amount --The court dismissed this case without prejudice for plaintiff’s failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended him at the intersection of 700 East and 2100 South.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Kenneth W. Bush vs. David T. Kirk; Debbie Kirk; Sarah E. Kirk and Does 1 through 5
Case Number --010902271
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered cervical and lumbar spinal injuries and received a combined related 9% whole person impairment rating from Dr. Davis.
Attorney(s) - Plaintiff --Greg S. Ericksen
Attorney(s) - Defense --Christian W. Nelson and Elizabeth A. Hruby-Mills of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff --Plaintiff designated Dr. Douglas R. Davis; Dr. Eugene Hawkins; Dennis J. Wyman, MD; Dr. Dan George; Gary L. Halversen, MD; Dagmor Jeweks--biomechanical engineer; Brad Townsend of Norman, Townsend & Johnson--economist; and an unnamed rehabilitation expert.
Expert Witness(es) - Defense --Defendants designated Dr. Gerald Moress--independent medical examination physician.
Damages --Plaintiff claimed $13,710.51 in past medical expenses, as well as unspecified future medical expenses, past and future lost wages, and past and future loss of services.
Facts/Contentions --Plaintiff claimed defendant Sarah Kirk, a minor who was driving a vehicle with the permission of her parents, defendants David and Debbie Kirk, negligently rear-ended plaintiff’s vehicle at the intersection of 2250 West and North Temple.
Defendants admitted that the collision occurred, but denied negligence, claiming 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 --Carrie Vandermiede vs. Utah Department of Transportation
Case Number --010900614
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 12/02
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered three broken cervical vertebrae, one of which was diagnosed as a burst fracture.
Attorney(s) - Plaintiff --Mark A. Larsen and Charles A. Gruber of Larsen & Mooney Law Office
Attorney(s) - Defense --Allan L. Larson of Snow, Christensen & Martineau and Craig C. Coburn of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed over $30,000 in past medical expenses, as well as unspecified past and future lost wages and future medical expenses. She was off work for two months and was only able to work part-time for another month after that.
Facts/Contentions --Plaintiff was involved in a single-vehicle accident which she claimed was caused by defendant’s faulty design of I-215. Plaintiff was westbound on the freeway; at about 2520 feet north of milepost 16, she claimed, she was forced onto the shoulder of the road by a semi. She claimed she lost control of her vehicle because of the narrow, inadequate shoulder of the road.
Defendant denied negligence and claimed plaintiff’s injuries were caused by her own negligence or that of the driver of the semi, over whom defendant had no control.

PERSONAL INJURY
Case Type --AA, MS; Automobile/trailer accident
Case Name --Troy Mattinson and Elizabeth Mattinson vs. Utah Department of Transportation
Case Number --010900053
Court/Judge --3rd District/Peuler; then Noel
Verdict/Settlement --Verdict, 12/02
Amount --The court granted defendant’s motion for summary judgment on grounds that plaintiffs’ two notices of claim were improperly served.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Bruce A. Jacques and Carlos A. Clark
Attorney(s) - Defense --Assistant Utah Attorney General Steven A. Combe
Damages --Plaintiffs claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff Troy Mattinson was driving his vehicle onto I-215 at the Redwood Road eastbound on-ramp, with his wife, plaintiff Elizabeth Mattinson, as a passenger. The Mattinson vehicle was towing a trailer. Plaintiffs stated that they hit a series of bumps in the road upon entering the Interstate which caused the trailer to jack-knife; as a result of the jack-knife of the trailer, plaintiff Troy Mattinson lost control of his vehicle and hit a concrete barrier.
Defendant moved for summary judgment, claiming that plaintiffs first served their notice of claim upon the wrong party in their attempt to comply with the Governmental Immunity Act, which requires a notice of claim to be served upon the Attorney General before suit against a government entity can be instituted; plaintiffs served the notice of claim upon UDOT. Defendants further claimed that plaintiffs served their second notice of claim improperly, even though it was served upon the Attorney General’s Office, because it was not served upon the Attorney General personally and because it was served after litigation had begun. Utah law requires that notice of claim must be filed before legal action is commenced.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --My Dung Bui and Chung Huynh vs. Victor E. Morris
Case Number --000907047
Court/Judge --3rd District/Wilkinson
Verdict/Settlement --Verdict, 1/03
Amount --The court dismissed this case for plaintiffs’ failure to file a request for default judgment within 60 days of availability.
Injuries --Both plaintiffs suffered head, neck and back injuries.
Attorney(s) - Plaintiff --Heinz J. Mahler and Jill D. Fintak of Kipp & Christian
Attorney(s) - Defense --None listed.
Damages --Plaintiff Bui claimed $3,443 in medical expenses, and plaintiff Huynh claimed $3,250.77 in medical expenses. Plaintiff Bui claimed $1,165.84 in lost wages, and plaintiff Huynh claimed $1,286 in property damage to her vehicle.
Facts/Contentions --Plaintiffs were southbound on 3600 West. While they were stopped in the intersection at 4100 South, waiting for traffic to clear so they could make a left turn on a green light and go east on 4100 South. Plaintiffs claimed defendant ran a red light and struck plaintiffs’ vehicle.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Patricia Widmeier vs. Tarah R. Redington
Case Number --000904612
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered neck and back injuries with numbness in the upper extremities and memory loss; she claimed permanent impairment.
Attorney(s) - Plaintiff --Keith L. Barton and C. Danny Frazier of Gregory, Barton & Reynolds; then Roger W. Griffin and J. Craig Swapp of Gregory, Barton & Swapp
Attorney(s) - Defense --Gary D. Josephson, then J. Kelly Walker, of Petersen & Hansen
Expert Witness(es) - Plaintiff --Plaintiff designated Todd Singleton, DC; Mashid Bashy, MD; Peter G. Larcom, MD; and Daria Lauer, PT.
Expert Witness(es) - Defense --Defendant designated John P. Barbuto, MD--neurologist.
Damages --Plaintiff claimed combined past and future medical expenses and lost wages of over $20,000.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle, which was stopped for heavy traffic at the intersection of 2320 West and 6200 South in Taylorsville, and pushed it into the vehicle in front of plaintiff’s.
Defendant claimed plaintiff’s injuries were caused by 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; Automobile accident
Case Name --Lachelle Boettcher vs. Elizabeth Pugh
Case Number --000906003
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount. Early offer of judgment by defendant (not accepted): $7,500; offer of judgment by defendant, September 2002: $12,500.
Injuries --Plaintiff suffered cervical spine and right shoulder injuries. She claimed numbness and weakness in her right arm, as well as continuing neck, shoulder, head and back pain, which did not resolve after the accident. MRIs of her cervical spine taken after the accident revealed a broad mild central soft disc herniation at C5/6 with extrusion above and below the disc space, as well as degenerative disc disease at C6/7 with a broad spondylitic bar and disc bulge. She underwent trigger point steroid injections and physical therapy, and surgery may be required in future.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby and Richard Honaker of Honaker, Hampton & Newman, then of Honaker Law Offices, Rock Springs, Wyoming, admitted pro hac vice (permitted to practice before the Utah State Bar for the purposes of representing plaintiff in this case only)
Attorney(s) - Defense --Richard K. Glauser and Michael W. Wright of Smith & Glauser
Expert Witness(es) - Plaintiff --Plaintiff designated Dr. Paul Gaulin, Rock Springs, Wyoming; Dr. Joseph J. Oliver, Rock Springs, Wyoming; Dr. Banu Symington, Rock Springs, Wyoming; Dr. Dennis Thoen, SLC; Lance Hager, DC, Rock Springs, Wyoming; Lawrence Jenkins, MD, Laramie, Wyoming; Michael Kaplan, MD, Laramie, Wyoming; and John M. Jurist, PhD, Billings, Montana--biomechanical expert.
Expert Witness(es) - Defense --Defendant designated John P. Barbuto, MD--neurologist; Paul France, PhD--biomechanical engineer; and Patrick Luers, MD--radiologist.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle on southbound State Street at about 4290 South after plaintiff had stopped for heavy traffic ahead.
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; Automobile accident
Case Name --Todd Clark vs. Andrew Rowe and Does 1 through 10
Case Number --000905474
Court/Judge --3rd District/Peuler
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered neck and back injuries with headaches. He had a prior award of Social Security disability benefits for pre-existing injuries.
Attorney(s) - Plaintiff --William R. Rawlings and A. John Witkowski. For Dr. Todd Singleton: Randy L. Dryer and Michael P. Petrogeorge of Parsons, Behle & Latimer
Attorney(s) - Defense --Jan P. Malmberg and Todd A. Turnblom of Perry, Malmberg & Perry, Logan
Expert Witness(es) - Plaintiff --Plaintiff designated Dr. Mashid Bashy; Todd Singleton, DC; Evan Black, MD--neurologist; Frederick Civish, MD; Dr. John English; and Dennis Thoen, MD.
Expert Witness(es) - Defense --Defendant designated Jeff B. Chung, MD; and Scott Knorpp, MD.
Damages --Plaintiff claimed combined past and future medical expenses of $10,768.33.
Facts/Contentions --Plaintiff was eastbound on 2770 South. Plaintiff claimed defendant, who was westbound on 2770 South, attempted to make a left turn onto southbound 6400 West and struck plaintiff’s vehicle.
Defendant claimed plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant had no control. Defendant also claimed the accident only aggravated plaintiff’s extensive pre-existing injuries; defendant further contended that plaintiff received treatment for this aggravation which was not medically necessary.
Dr. Singleton, through his attorneys, filed a request for a protective order to limit the scope of his testimony to issues related to this accident only. The court originally denied this request and granted defendant’s motion to compel Dr. Singleton to comply with discovery on grounds that defendant’s inquiries into Dr. Singleton’s billing and chiropractic practices, referrals, and record-keeping might have relevance to defendant’s arguments concerning necessity for treatment plaintiff received. However, the court later reconsidered its ruling and entered an order denying defendant’s motion to compel on grounds that the requested documents were overly broad, burdensome, and not reasonably related to the scope of this lawsuit. The court has not yet issued a decision on Dr. Singleton’s request for attorneys’ fees in connection with these motions.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Joseph Salvador Jimenez vs. Ruth Anderson
Case Number --010907984
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --J. Kent Holland of Anderson & Holland
Attorney(s) - Defense --Mark D. Dunn, then Michael L. Ford, of Victoria K. Kidman & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was westbound on 106th South in his 1969 Chevrolet pick-up truck. Plaintiff claimed defendant, who was northbound on State Street, negligently struck plaintiff’s vehicle in the intersection. Defendant was driving a 1992 Nissan Seneca.
Defendant 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’s injuries were pre-existing.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Denise Luker vs. Squires Construction
Case Number --010909447
Court/Judge --3rd District/Peuler
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a fractured hip. She claimed permanent impairment.
Attorney(s) - Plaintiff --William J. Hansen and Charles M. Lyons of Christensen & Jensen and John Edward Hansen of Scalley & Reading
Attorney(s) - Defense --John Clyde Hansen of Petersen & Hansen
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff worked at the Utah Department of Health’s Salt Lake City office, where defendant company was doing renovation. Plaintiff stated that she had just finished a break and was walking back to her desk when she slipped and fell on some crumpled plastic which she claimed defendant had left on the floor. Plaintiff claimed the plastic was not there when she left to go on break; she further claimed defendant failed to post a sign warning Department of Health employees and others to be careful because construction was going on in the area.
Defendant contended that plaintiff’s injuries were caused by her own negligence or that of her employer, over whom defendant had no control.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Shauna Peterson vs. BDSB of Utah; BDSBG&G of Utah; and AmeriGas Propane
Case Number --010907313
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlements, 9/02 and 1/03
Amount --Plaintiff settled first with AmeriGas and later with the other defendants for undisclosed amounts.
Injuries --Plaintiff suffered a serious cut on her hand as well as a back injury. She claimed permanent scarring from the hand injury and permanent impairment from the back injury.
Attorney(s) - Plaintiff --Ray G. Martineau, Anthony R. Martineau and Brett D. Gragun
Attorney(s) - Defense --For defendants BDSB and BDSBG&G: Barbara L. Maw; for defendant AmeriGas: Fred R. Silvester and Spencer Siebers of Silvester & Conroy
Expert Witness(es) - Defense --The BDSB and BDSBG&G defendants designated an unnamed representative from Weather Facts; an unnamed physician; and an unnamed economist.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed the BDSB and BDSBG&G defendants operated a business known as Texaco Burger King at 7000 South and 1300 West in West Jordan. Plaintiff claimed that as she was approaching the restaurant to buy lunch, she slipped and fell on ice in the parking lot. Plaintiff claimed the ice formed because defendants sprayed water on the parking lot in the middle of January to wash it down. Plaintiff also claimed the defendants should have provided warning to customers and others of the icy conditions resulting from the wet concrete in the parking lot, and should also have used ice-melter or salt on the slick areas. Plaintiff named defendant AmeriGas as owner of a cylinder rack which she claimed was sitting in the parking lot and which she struck when she fell.
The BDSB and BDSBG&G defendants claimed the danger of ice in the parking lot was open and obvious, and they therefore had no duty to warn plaintiff. These defendants also claimed plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant had no control. These defendants further contended that plaintiff, as a business invitee, assumed the risk of her injuries when she entered defendants’ premises.
Defendant Amerigas argued that any danger created by its cylinder rack was open and obvious to plaintiff, and this defendant therefore had no duty to warn her. Defendant AmeriGas further contended that plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant AmeriGas had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Audra Hubbard vs. Don M. McComas
Case Number --010905378
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 1/03
Amount --The court dismissed this case pursuant to defendant’s motion for plaintiff’s failure to comply with court-issued discovery orders and failure to prosecute. The court awarded costs to defendant.
Injuries --Plaintiff suffered neck and back injuries. She claimed she developed fibromyalgia as a result of this accident.
Attorney(s) - Plaintiff --John L. McCoy
Attorney(s) - Defense --Robert L. Stevens of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed medical expenses of $31,922.89, as well as unspecified future medical expenses. She sought general damages of $500,000.
Facts/Contentions --Plaintiff and defendant were both northbound on 1300 West at about 6536 South. Plaintiff claimed defendant moved to the right shoulder of the road and slowed down. Plaintiff said she assumed defendant was stopping and therefore attempted to pass defendant on the left in the main traffic lane, whereupon defendant suddenly made a left turn, without looking or signaling, accelerated across the main lane of traffic and struck plaintiff’s vehicle. Plaintiff was transported from the scene to a hospital by ambulance.
Defendant admitted that the accident occurred, but claimed plaintiff’s injuries were caused by her own negligence. Defendant claimed plaintiff struck his car from behind as he made a left turn.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Mary Todd vs. Benjamin Martinez
Case Number --010903888
Court/Judge --3rd District/Young; then Burton
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Tad D. Draper of Ashton, Braunberger, Boud & Draper
Attorney(s) - Defense --Tim D. Dunn and Stephanie Hoggan of Dunn & Dunn
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff and defendant were both westbound on 300 North. Plaintiff claimed defendant, who was driving in front of plaintiff, pulled over onto the right shoulder of the road and stopped. Plaintiff continued in the main lane of traffic. Plaintiff claimed defendant, without looking or signalling, then suddenly pulled into the main lane of traffic in an attempt to make a U-turn and struck plaintiff’s vehicle.
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 --SF; Fall
Case Name --Austin B. Matthews by and through his parent Rena Matthews vs. American Skiing Company Utah, Incorporated dba The Canyons
Case Number --010903669
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 1/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered serious facial and psychological injuries.
Attorney(s) - Plaintiff --Matthew W. Driggs of Driggs, Bills & Day
Attorney(s) - Defense --David C. Richards of Christensen & Jensen
Damages --Plaintiff claimed medical expenses of $9,517.58, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff’s parents enrolled plaintiff, who was 5 years old, in defendant’s all-day ski school. Plaintiff was riding on a quad lift with two other children and the instructor, and the lift stopped before it reached the dismount point because someone up ahead was having problems. Plaintiff claimed the instructor lifted the protective bar prematurely, and plaintiff fell 18 to 20 feet to the ground below the lift.
Defendant admitted that plaintiff fell from the lift, but denied that the instructor lifted the bar prematurely. Defendant claimed plaintiff’s injuries resulted from his own actions and were an inherent and assumed risk of skiing.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Clark Clements vs. Susan Shippen
Case Number --980909149
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 2/03
Amount --The court dismissed this case without prejudice for plaintiff’s failure to prosecute after both parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Scott Phillips of Carter, Phillips & Wilkinson, Provo
Attorney(s) - Defense --Defendant was not represented by counsel. Plaintiff’s attorney notified the court in August of 2000 that he was involved in settlement negotiations with defendant’s insurance adjuster.
Damages --Plaintiff claimed unspecified past and future medical expenses and past lost wages.
Facts/Contentions --Plaintiff was a passenger in a vehicle which was northbound on 1300 South and had just passed the intersection at 900 East. Plaintiff claimed defendant, who was driving the car behind the one in which plaintiff was riding, rear-ended plaintiff’s car after plaintiff’s car stopped for traffic ahead. Plaintiff claimed defendant was following too closely and not paying attention.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --David M. Petersen vs. Manuel Hernandez and John Doe
Case Number --990911522
Court/Judge --3rd District/Lewis
Verdict/Settlement --Verdict, 2/03
Amount --The parties informed the court that they had reached a settlement. Plaintiff’s attorney then withdrew, and defendant’s counsel filed a motion to dismiss shortly afterward. In December of 2002, defendant’s counsel wrote a supplement to the motion to dismiss, informing the court that he (defendant’s attorney) had not been able to get plaintiff to return calls, and plaintiff’s attorney had not obtained new counsel as advised by defendant’s attorney. Defendant’s attorney stated in the supplement to the motion to dismiss that because plaintiff never responded to the original motion to dismiss and filed to response to later efforts to make contact, it was the opinion of defendant’s attorney that the case should be dismissed without prejudice. However, the court dismissed the case with prejudice. Offer of judgment by defendant: $3,500.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Jay E. Jensen of Christensen & Jensen (withdrew)
Attorney(s) - Defense --William A. Stegall and Leonard E. McGee of Stegall & Associates
Damages --Plaintiff claimed combined general and special damages of $20,000, including medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant Hernandez, who was allegedly acting in the course and scope of his employment, negligently collided with plaintiff’s vehicle. The Doe defendant was named as defendant Hernandez’s employer under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of his or her employees.
Defendant Hernandez claimed plaintiff’s injuries were caused by the negligence of third persons over whom defendant Hernandez had no control.

PERSONAL INJURY
Case Type --AR, BT, OC; Alcohol-related (dramshop) claim, assault (shooting), ongoing case
Case Name --Franco L. Schultz vs. Hideaway Club, Incorporated and Gato, Incorporated dba Willie’s Lounge
Case Number --020913111
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 2/03
Amount --Plaintiff and defendant Hideaway Club settled for an undisclosed amount. The claim against defendant Willie’s is ongoing.
Injuries --Plaintiff was shot in the hand when the gun went off during his struggle with Hudson. He claimed permanent disfigurement and impairment.
Attorney(s) - Plaintiff --Michael A. Katz of Siegfried & Jensen
Attorney(s) - Defense --For defendant Hideaway: Scott W. Christensen of Plant, Wallace, Christensen & Kanell; for defendant Willie’s: James D. Mickelson
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was a customer of defendant Hideaway Club on December 8, 2001. He claimed another patron, Keith Hudson, entered the premises while already intoxicated; plaintiff claimed Hudson had previously been drinking steadily at defendant Willies’, which was nearby. Plaintiff claimed Hudson was served by defendant Hideaway’s employees, after which he became belligerent and combative and pulled out a gun, which he pointed at plaintiff. Plaintiff grappled with Hudson for the gun and it went off; plaintiff and another patron wrestled the gun away from Hudson and subdued him until police arrived. Plaintiff claimed both defendants continued to serve Hudson alcohol long after he became intoxicated; plaintiff argued that defendants were therefore liable under Utah’s Dramshop Law for the damages Hudson caused.
Defendant Willie’s denied liability, claiming that it did not serve any alcohol to Keith Hudson on the date of the incident wherein plaintiff was wounded.

PERSONAL INJURY
Case Type --TA, PA, WA, BT; Work-related truck/pedestrian accident, vehicular assault
Case Name --Jeff L. Gygi vs. Carrie Welsh Miller
Case Number --020904474
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 2/03
Amount --This case settled for an undisclosed amount with the assistance of a formal mediation procedure.
Injuries --Plaintiff suffered injuries to his left shoulder, left chest, left side, and left leg. He stated that he is still experiencing pain in these areas, and claimed his back injury left him with permanent impairment.
Attorney(s) - Plaintiff --Robert W. Hughes
Attorney(s) - Defense --Robert H. Henderson of Snow, Christensen & Martineau (withdrew); then Stuart H. Schultz of Strong & Hanni
Damages --Plaintiff claimed past medical expenses of over $5,000, future medical expenses of over $10,000 and past lost wages of $10,360. He was off work for 40 full days after the incident. Plaintiff also sought $75,000 in general damages, claiming defendant’s behavior was willful, reckless and malicious and caused him great mental anguish.
Facts/Contentions --Plaintiff worked as a police officer with the Salt Lake City Department of Airports. He was on duty at the outside curb of Terminal One when he saw a grey truck, driven by defendant, which had stopped and was waiting at the curb. He said he approached the truck and informed defendant of the airport’s “no parking/no waiting” policy, pointing to a sign nearby posting the policy and telling defendant that she could park in the short-term parking area for 30 minutes at no charge. Plaintiff claimed defendant began to argue with plaintiff about the policy, and he again requested that she move her vehicle. Defendant’s vehicle pulled away from the curb, but, plaintiff claimed, a few minutes later he saw that defendant’s vehicle had returned and was parked at the same curb again. Plaintiff said he approached, told defendant she could not park there, and instructed her to move her vehicle. He said defendant told him she was waiting for her boyfriend and he [plaintiff] should “go bother other people;” however, she moved her vehicle again. Plaintiff stated that when he saw defendant’s truck parked at the same curb a third time a few minutes after that, he approached her again and told her she could not park there, whereupon she became very angry and belligerent and told plaintiff to “go and stalk someone else.” Plaintiff claimed that he walked away from defendant’s vehicle, expecting her to pull away from the curb; he said she stayed motionless, so he approached again and told her to move the vehicle. Plaintiff claimed that at that point defendant cranked her steering wheel hard to the left and “spun out” at a high rate of acceleration. Plaintiff said he believed the truck was going to hit him, so he grabbed the door/window-frame of the truck and ran along with it, yelling at defendant to stop the vehicle. Instead, he said, plaintiff continued to accelerate, dragging plaintiff alongside the truck; he said he was afraid to let go for fear of being thrown under the wheels. Plaintiff claimed defendant then slammed on her brakes, dislodging plaintiff and throwing him to the asphalt.
Defendant denied negligence and claimed plaintiff’s injuries were caused by his own actions.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --Elia Quintero; Anahi Quintero; Judit Quintero; Romel Quintero; and Todd Quintero vs. Sergio Quintero; Guaranty National Insurance Company aka Orion Specialty Insurance Company; and John Daniel
Case Number --020906258
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 2/03
Amount --Defendant Sergio Quintero and his insurance carrier, defendant Guaranty National Insurance Company, which also acted as substitute liability carrier for defendant Daniel, agreed to pay policy limits for a full and final settlement, with $20,000 going to Todd Quintero; $12,876.15 going to the Utah Department of Recovery Services as a net payment for medical expenses incurred by Todd Quintero as a result of the accident; and the rest of the settlement proceed going to Elia Quintero after costs and expenses are deducted. Elia Quintero was declared conservator of the estate of Todd, Judit and Anahi Quintero; she will conserve $20,000 of the settlement proceeds and deliver them to Todd Quintero when he reaches the age of majority. Settlement proceeds are to be held at a federally insured savings institution within Utah and shall be subject to withdrawals only by order of the court.
Injuries --Plaintiff Todd Quintero was seriously injured; the other plaintiffs suffered minor injuries.
Attorney(s) - Plaintiff --Trent J. Waddoups of Carr & Waddoups
Attorney(s) - Defense --This case was settled with an adjuster from Guaranty National Insurance.
Damages --Judit Quintero incurred $677.84 in medical expenses and Anahi Quintero incurred $531.95 in medical expenses; both these sums were paid by PIP insurance coverage. Todd Quintero incurred $21,496.79 in medical expenses before attorney’s fees were deducted; these expenses were paid by Medicaid.
Facts/Contentions --Plaintiffs, who are the wife (Elia) and children of defendant Sergio Quintero, were passengers in defendant Sergio Quintero’s car when it was struck by a vehicle driven by defendant Daniel, who was uninsured. Plaintiff claimed both defendant Sergio Quintero and defendant Daniel were negligent. Defendant Sergio Quintero was insured by defendant Guaranty National, and had an uninsured motorist coverage clause in effect in his policy at the time of the accident, which occurred at 3200 West 4700 South in West Valley City.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Lois Chaffin vs. Jeremy Lee Birr, aka Jeremy Lee Birk, and Heather Evans
Case Number --020906702
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 2/03
Amount --The court dismissed this case without prejudice for plaintiff’s failure to serve defendants with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered neck and back injuries and damage to her eyes, which caused double vision and other vision limitations. She claimed the eye impairment is permanent.
Attorney(s) - Plaintiff --Thomas R. King of King, Burke & Schaap
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed over $3,000 in past medical expenses, as well as possible unspecified future medical expenses.
Facts/Contentions --Plaintiff claimed defendant Birr, driving an automobile owned by defendant Evans with defendant Evans’ permission, rear-ended plaintiff’s vehicle as plaintiff slowed on northbound Highland Drive to allow another vehicle to make a left turn. Plaintiff was wearing her seatbelt, but her head struck the left side window and her chest struck the steering wheel of her vehicle.

PERSONAL INJURY
Case Type --AA, PA; Automobile/pedestrian accident
Case Name --Alma Ifarraguerri vs. Susan Midgley
Case Number --020907827
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 2/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to her head, neck, back, and arms, as well as the entire left side of her body. She claimed permanent impairment and disfigurement.
Attorney(s) - Plaintiff --Angel L. Vega and Warren W. Driggs of Robert J. DeBry & Associates
Attorney(s) - Defense --This case was settled with an insurance adjuster from Metropolitan Group Property & Casualty Insurance Company.
Damages --Plaintiff claimed past medical expenses of over $5,000, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff was crossing the street at Main Street and 560 South. Plaintiff claimed defendant, who was southbound on Main Street, failed to stop for a red light and struck plaintiff.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Debbie Weinbender vs. Elmer Steinike and Does 1 through 10
Case Number --010901435
Court/Judge --3rd District/Livingston; order of dismissal signed by Judge Hilder.
Verdict/Settlement --Settlement, 2/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to her head, neck and back, as well as her left shoulder and both knees. she suffers from continuing headaches.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --Gary D. Josephson of Petersen & Hansen; then J. Kelly Walker of Petersen & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant Steinike, who was allegedly acting in the course and scope of his employment, attempted to turn left from eastbound 4700 South onto northbound 3720 West and struck plaintiff’s vehicle, which was westbound through the intersection. Plaintiff claimed defendant Steinike struck her because he failed to yield to oncoming traffic. Plaintiff named the Doe defendants as having been defendant Steinike’s employer, supervisor or fellow-employees, or any other persons connected to defendant Steinike’s work who had control over his actions at the time of the accident.
Defendant Steinike claimed plaintiff’s injuries were pre-existing. Defendant Steinike also claimed the accident was caused by plaintiff’s negligence or that of third parties over whom defendant Steinike had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jodi McCoy, individually and on behalf of minors Donny Spidle and Anthony Spidle, vs. Gardner Snow and Does 1 through 10
Case Number --010906553
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 2/03
Amount --This case settled for an undisclosed amount.
Injuries --All three plaintiffs suffered head, neck and back injuries.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --William A. Stegall of Stegall & Associates
Expert Witness(es) - Defense --Defendant Snow designated an unnamed independent medical examination physician.
Damages --Plaintiffs all claimed unspecified past and future medical expenses, and plaintiff Jodi McCoy claimed unspecified past and future lost wages.
Facts/Contentions --Plaintiff Jodi McCoy was eastbound on 3500 South, with plaintiffs Donny Spidle and Anthony Spidle as passengers. Plaintiff claimed defendant Snow, who was northbound on 2900 West, attempted to turn left onto westbound 3500 South without looking and struck plaintiffs’ vehicle. Plaintiff named the Doe defendant as parties whose negligence might have been at least a partial cause of the accident.
Defendant Snow claimed plaintiffs’ injuries were caused by the negligence of third parties over whom defendant Snow had no control.

PERSONAL INJURY
Case Type --AA, WA, CX; Work-related automobile accident, third-party complaint
Case Name --Jonathan Evans vs. Kevin Thur; David L. Thur; Advance Building Maintenance; and Does 1 through 10 Third-party claim: David L. Thur vs. Amy Tuft
Case Number --010903927
Court/Judge --3rd District/Livingston
Verdict/Settlement --Verdict/settlement, 2/03
Amount --The parties in the original case settled for an undisclosed amount. After they informed the court that they had reached an agreement, the court dismissed the third-party claim with prejudice on the basis of this settlement. The parties earlier stipulated to the release of defendant Kevin Thur from the action.
Injuries --Plaintiff suffered serious injuries to his face, head, left leg and left knee; he claimed permanent impairment.
Attorney(s) - Plaintiff --Preston L. Handy, then Michael A. Katz, of Siegfried & Jensen
Attorney(s) - Defense --For the Thur defendants and defendant Advance: Richard S. Nemelka of Nemelka & Mangrum (withdrew); for defendant Tuft: Gary D. Josephson, then Lloyd R. Jones, of Petersen & Hansen
Damages --Plaintiff claimed past medical expenses of $38,712.33, as well as unspecified future medical expenses, past lost wages, and future lost wages.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by defendant Kevin Thur, which was westbound on 5400 South. Plaintiff claimed defendant Kevin Thur, who was in the course and scope of his employment with defendant David Thur and defendant Advance and was driving a company vehicle, was driving illegally in the emergency lane when he entered the intersection of 1500 West and struck an eastbound vehicle which was making a lawful left turn onto northbound 1500 West. Plaintiff named the Doe defendants as parties whose negligence might have been a partial cause of the accident.
Defendant David Thur moved for dismissal of the case on grounds that plaintiff failed to join an indispensable party to the suit--namely, Amy Tuft, who was the driver of the other vehicle involved in the accident. Plaintiff objected to the motion on grounds that he had already settled with Amy Tuft’s insurance carrier. The court declined to dismiss the case; defendant David Thur thereupon filed a third-party claim against Amy Tuft on his own behalf, claiming that her negligence was at least a partial cause of the accident. Defendants David Thur and Advance denied liability, admitting that the accident occurred but claiming it was caused by the negligence of third party Tuft. Defendants David Thur and Advance also claimed plaintiff’s injuries were partly caused by his own negligence, since plaintiff refused to fasten his seat belt even when defendant Kevin Thur told him to.
Third-party defendant Tuft denied liability, claiming the accident was caused by the negligence of other parties over whom third-party defendant Tuft had no control.

PERSONAL INJURY
Case Type --AA, OC; Automobile accident, ongoing motions
Case Name --Chanh Huynh vs. Sondra K. Lloyd; Phung Nguyen; and Does 1 through 5
Case Number --990911776
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 2/03
Amount --Plaintiff settled with both defendants for an undisclosed amount. Offer by plaintiff for settlement of attorney Fay’s attorney’s lien (made 5/7/02 and not accepted): $500. Attorney Fay claimed he was owed $5,372.50 and declared that he would accept $5,000 as payment in full.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --John Farrell Fay (withdrew); then Vinh K. Ly and Thomas E. Stamos
Attorney(s) - Defense --For defendant Nguyen: Barbara L. Maw; for defendant Lloyd: Lynn S. Davies and Elizabeth A. Hruby-Mills; attorney for real party in interest John Farrell Fay: Roger Griffin of Gregory, Barton & Swapp
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was a passenger in a car driven by her husband, defendant Nguyen, which was southbound on 1775 West (Duden Street). At the intersection of North Temple, plaintiff claimed, her vehicle was turning left onto eastbound North Temple when defendant Lloyd’s vehicle, which was northbound on Duden Street, ran a stop sign and collided almost head-on with plaintiff’s left-turning vehicle. The Doe defendants were named as “phantoms” whose negligence was a contributory cause of the collision.
Defendant Lloyd admitted that the accident occurred and that defendant Lloyd was coming out of a stop sign on Duden Street, but denied that she (defendant Lloyd) ran the stop sign. Defendant Lloyd claimed that accident was caused by the negligence of defendant Nguyen in failing to yield the right of way or else by the negligence of third parties over whom defendant Lloyd had no control.
After attorney Stamos became plaintiff’s counsel, he filed an amended complaint in which he named defendant Nguyen as a contributor to the accident, contending that defendant Nguyen failed to keep a proper look-out and yield to oncoming traffic headed straight through the intersection.
Defendant Nguyen denied negligence and claimed plaintiff’s injuries were caused entirely by the negligence of defendant Lloyd or by the negligence of third parties over whom defendant Nguyen had no control.
Legal Issues --The original complaint was filed by attorney Fay on behalf of plaintiff. After attorney Fay withdrew, attorney Fay sent plaintiff a substitution of attorney form, which plaintiff filed, stating that she would thenceforth be acting as her own attorney in the matter. Plaintiff later obtained representation by attorney Stamos, and attorney Fay filed a lien for attorney’s fees in the matter shortly thereafter. After the lien was filed, attorney Ly appeared as co-counsel with attorney Stamos. Thereafter, plaintiff and both defendants settled. However, plaintiff moved for a declaratory judgment determining the amount of attorney’s fees she owed attorney Fay, if any. Attorney Fay objected to plaintiff’s motion and moved to quash it, claiming that under the terms of the contract he had with plaintiff, issues involving attorney’s fees were to be settled by binding arbitration through the Utah State Bar. Attorney Fay claimed attorney Stamos filed plaintiff’s motion in the wrong forum. Attorney Fay contended that under the terms of his contract with plaintiff, Third District Court did not have jurisdiction over a dispute concerning legal fees. In his motion to quash, attorney Fay sought his fees from attorney Stamos for hours of work he incurred in connection with the motion. Though the case was dismissed following the settlement, this part of it has yet to be resolved.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Peggy Lee Wilding and Elena Everett vs. Ronald C. Huffman Jr.
Case Number --000906215
Court/Judge --3rd District/Stirba; then Lubeck; then Burton
Verdict/Settlement --Settlement, 2/03
Amount --This case settled for an undisclosed amount shortly before trial. Pursuant to a stipulation by the parties based upon a prior settlement agreement, the court dismissed plaintiff Elena Everett from the action. Offer of judgment by defendant to plaintiff Peggy Wilding (6/1/02; not accepted): $3,500 new money (not including insurance liens), inclusive of fees and costs.
Injuries --Plaintiff Wilding suffered neck and back injuries and claimed the accident caused herniation of three discs in her cervical spine and one in her lumbar spine. Defendant disputed this claim. Plaintiff Everett suffered unspecified injuries.
Attorney(s) - Plaintiff --Matthew W. Driggs of Driggs, Bills & Day (withdrew); then Brian R. Barnhill and Matt C. Osbourne of Osborne & Barnhill
Attorney(s) - Defense --James J. Joyce and Kristin A. Van Orman of Strong & Hanni
Expert Witness(es) - Plaintiff --Plaintiffs designated Dr. Don Allred; Dr. Marti Trunnell; and Roger A. Bond, DC.
Expert Witness(es) - Defense --Defendant designated Stephen Marble, MD and Paul France, PhD--biomechanical expert.
Facts/Contentions --Plaintiffs’ car was eastbound on 7200 South, with plaintiff Wilding as driver and plaintiff Everett as passenger. Plaintiffs claimed defendant rear-ended their car after they stopped at a red light.
Defendant admitted that the collision occurred, but denied liability, claiming the accident was caused by the negligence of plaintiff Wilding or that of third parties over whom defendant had no control.
Defendant filed a motion for summary judgment against plaintiff Elena Everett, claiming that she had not met the $3,000 threshold for special damages required by law before an injured plaintiff may sue. The court denied the motion, accepting plaintiff Everett’s argument that she had not finished her medical treatment by the date of defendant’s motion.

PERSONAL INJURY
Case Type --TA, PA, WA; Work-related truck/pedestrian accident
Case Name --Bruce Peasley vs. Brad Newell Carlisle; Steed’s, Incorporated; and Does 1 through 10
Case Number --010904673
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 3/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to his back, neck, one arm and both shoulders. Some emergency surgery was required.
Attorney(s) - Plaintiff --A. John Witkowski of Michael F. Richman & Associates, then of the Law Office of William R. Rawlings
Attorney(s) - Defense --Roger H. Bullock and Peter H. Barlow of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant Carlisle, who was in the course and scope of his employment with defendant Steed’s and was driving defendant Steed’s truck, was making a delivery to a construction site. Plaintiff said he had been standing by a truck at the side of the road, but fainted and fell into the roadway. Plaintiff claimed defendant Carlisle looked away to the left as plaintiff fell and negligently drove over plaintiff as he was lying in the road. Plaintiff named Steed’s as a defendant under the doctrine of respondeat superior, which holds that an employer is responsible for any damages caused by the negligence of its employees.
Defendants claimed the accident might have been caused by the negligence of third parties over whom defendants had no control. Defendant Carlisle died in the fall of 2001.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Russell C. Klein vs. Joseph C. Sampson
Case Number --010907351
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 3/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified serious injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Macoy A. McMurray
Attorney(s) - Defense --Mark D. Dunn of Victoria K. Kidman & Associates
Damages --Plaintiff claimed $8,000 in past medical expenses and $80,000 in past lost wages. He sought $500,000 in general damages and $85,000 in punitive damages. The parties stipulated to the dismissal of the punitive damages claim three months after the case was filed.
Facts/Contentions --Plaintiff claimed defendant negligently rear-ended plaintiff’s vehicle on I-15 just south of the 7200 South exit. Plaintiff claimed defendant was speeding and driving recklessly and failed to brake before striking plaintiff’s vehicle, which had stopped for traffic ahead.
Defendant claimed plaintiff’s injuries were pre-existing and the accident was caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jessica Steck vs. Matthew Shelton
Case Number --010904493
Court/Judge --3rd District/Henriod
Verdict/Settlement --Settlement, 3/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Kenneth A. Bills of Driggs, Bills & Day; then John Clyde Hansen and later A. John Witkowski of the Law Office of William R. Rawlings
Attorney(s) - Defense --Robert L. Jeffs of Jeffs & Jeffs, Provo; then Bruce C. Burt of Nelson, Chipman, Quigley & Hansen
Damages --Plaintiff claimed $5,058.74 in past medical expenses.
Facts/Contentions --Plaintiff, a minor, was northbound on Redwood Road. At the 6200 South intersection, plaintiff began to make a left turn onto westbound 6200 South. Plaintiff claimed defendant, who was southbound on Redwood Road, ran a red light and struck plaintiff’s vehicle.
Defendant denied that the light was red and contended that plaintiff’s injuries were caused by her own negligence. Defendant claimed plaintiff failed to yield to oncoming traffic when she made the left turn.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Mark Rock-Ward vs. City of West Jordan
Case Number --010905718
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 3/03
Amount --The court dismissed this case without prejudice after the parties failed to comply with a court order to certify the matter as ready for trial by 12/16/02.
Injuries --Plaintiff suffered injuries to his head, neck, back, shoulder, arm and hand.
Attorney(s) - Plaintiff --William R. Rawlings of the Law Office of William R. Rawlings
Attorney(s) - Defense --Dennis C. Ferguson of Williams & Hunt
Expert Witness(es) - Plaintiff --Plaintiff designated 10 treating health care providers.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff attended a Community Emergency Response Team (C.E.R.T.) training drill at the West Jordan Public Works Building as a volunteer. Plaintiff and three other volunteers were sent into the building to locate and “rescue” a “victim” as part of the drill. The volunteers wore hard hats with lights attached, and the building was darkened for the exercise. Plaintiff, who has juvenile macular degeneration and is legally blind, stepped backward and fell into an open service pit. Plaintiff claimed defendant city training personnel knew of his vision disorder because he mentioned it on the required paperwork before the drill. Plaintiff claimed the city was negligent in its creation of a dangerous condition and its failure to warn plaintiff of the open service pit.
Defendant claimed immunity under the Government Immunity Act, and also claimed plaintiff assumed the risk of his injuries when he took part in the drill.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Kent Nunley vs. Shelly A. Rowell
Case Number --030900089
Court/Judge --3rd District/Hansen
Verdict/Settlement --Verdict, 3/03
Amount --The court found defendant’s negligence was the cause of plaintiff’s injuries. An evidentiary hearing has been set for 4/02/03 to determine damages.
Injuries --Plaintiff suffered back and neck injuries.
Attorney(s) - Plaintiff --Derek A. Coulter and Jan Marshall of Hunt, Rudd & Coulter
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past medical expenses and $994.15 in property damage to his vehicle.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s Dodge Ram after plaintiff stopped for heavy traffic ahead on southbound State Street in Sandy. Defendant was cited at the scene for following too closely.
Defendant did not answer or appear.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Clark Clements vs. David Cahill
Case Number --000901325
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 3/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --K. Scott Phillips of Harris & Carter, Provo; then Kevin K. Robson of Bertch Robson
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and past lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff slowed for traffic near the University of Utah.

PERSONAL INJURY
Case Type --AA; Automobile accidents
Case Name --Ralph Mendel vs. Trevor D. Corbett; Michael Hatch; and Clint Zundel
Case Number --000910319
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict (1/03) and settlement (3/03)
Amount --The court granted defendant Zundel’s motion to sever the actions relating to the two separate accidents and severed defendants Corbett and Zundel from this action. Plaintiff and defendant Hatch then settled for an undisclosed amount.
Injuries --In the first accident, plaintiff suffered bruising, headaches, and numbness and tingling in his hands; he developed a lump on his neck and had difficulty sleeping. In the second accident, plaintiff suffered an initial loss of feeling in his legs which later resolved, as well as left shoulder and arm pain with significant loss of mobility in the left arm. Plaintiff also claimed the second accident left him with constant numbness and tingling in his feet and worsening headaches; he had further difficulties with sleep and work.
Attorney(s) - Plaintiff --Brent O. Hatch and Mark F. James of Hatch, James & Dodge
Attorney(s) - Defense --For defendant Hatch: Terry M. Plant of Plant, Wallace, Christensen & Kanell; for defendant Corbett: Leonard E. McGee of Stegall & Associates; for defendant Zundel: Richard K. Glauser of Smith & Glauser
Expert Witness(es) - Plaintiff --Plaintiff designated Michael Davis, CPA.
Expert Witness(es) - Defense --Defendant Corbett designated Matthew Meacham of Motion Research Associates; and Michael Chung, MD--independent medical examination physician.
Damages --Plaintiff claimed unspecified past medical expenses and past and future lost wages, as well as $20,000 to $25,000 in future medical expenses.
Facts/Contentions --Plaintiff was involved in two accidents: the first with defendant Hatch on 11/11/98 in South Jordan and the second with defendant Corbett on 5/24/99 at Bangerter Highway and 7400 South. In the first accident, plaintiff claimed, he was driving down the road when defendant Hatch, who was driving in the opposite direction, crossed the center line and slammed into plaintiff’s vehicle. Plaintiff claimed defendant Hatch told plaintiff he (defendant Hatch) was attempting to read a map when the accident occurred. In the second accident, plaintiff claimed, defendant Corbett rear-ended plaintiff’s vehicle, which was stopped for a red light, and pushed plaintiff’s vehicle into the one in front of it. Immediately afterwards, plaintiff claimed, another vehicle driven by defendant Zundel slammed into the rear of defendant Corbett’s car, causing it to strike the rear of plaintiff’s vehicle a second time.
Defendant Hatch claimed the first accident was at least partly caused by plaintiff’s own negligence or that of third parties over whom defendant Hatch had no control.
Defendant Corbett admitted that the second accident occurred, but claimed it was caused by the negligence of third parties over whom defendant Corbett had no control.
Defendant Zundel admitted that the second accident occurred, but claimed it was caused by the negligence of third parties over whom defendant Zundel had no control. Defendant Zundel also contended that the actions regarding the two accidents were improperly joined and moved to sever them. Plaintiff claimed the joining of the two actions was not improper because his symptoms following each accident were similar, and he sought a determination of what portion of his injuries resulted from the first accident and what portion from the second. Plaintiff also argued that the joining was proper because defendant Corbett intended to apportion fault for the second accident to defendant Zundel.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Timothy Olsen vs. Rosalyn Upshaw
Case Number --010903798
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 3/03
Amount --This case settled for an undisclosed amount
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --C. Danny Frazier and Randall Bunnell, then Roger W. Griffin, of Gregory, Barton & Swapp
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was eastbound on 400 South, approaching the 200 West intersection. Plaintiff claimed defendant’s vehicle suddenly and without warning ran the red light, made an improper left turn onto 400 South and struck plaintiff’s vehicle.

PERSONAL INJURY
Case Type --DB; Dog bite
Case Name --Edison Myers by and through his parent and natural guardian, Edna M. Myers, vs. Jeffrey Nelson and Karen Nelson
Case Number --010906153
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 3/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered severe lacerations to his head and neck; permanent scarring; post-traumatic stress disorder; loss of feeling and sensation; and loss of confidence. He received 60 stitches in the back of his neck and later underwent surgery to close and repair the bite wounds.
Attorney(s) - Plaintiff --Martin S. Tanner
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past medical and counseling expenses.
Facts/Contentions --Plaintiff, who was nine years old at the time of this incident, accompanied his two aunts on a visit to the home owned by defendants, where one of plaintiff’s aunts was living. Shortly after their arrival, plaintiff was jumping on a trampoline in the back yard of defendants’ home. When plaintiff got off the trampoline to go back into the house, defendant’ dog, an Akita, attacked him, tearing and chewing the back of plaintiff’s head and neck and shaking plaintiff like a rag doll. When the dog finally let plaintiff go, plaintiff tried again to enter the house, but the dog attacked him a second time, this time tearing plaintiff’s neck. It took several people to get the dog off plaintiff. Plaintiff was diagnosed with post-traumatic stress disorder after the incident. Plaintiff claimed the dog, which was trained and bred as an attack dog, should never have been left unrestrained and unattended with children in the back yard.

PERSONAL INJURY
Case Type --MS, OC; Miscellaneous (automobile fire, airbag injury), ongoing case
Case Name --E. Gregory Thorpe vs. Dave T. Strong dba Dave Strong’s Audi; Audi of America; and Does 1 through 5
Case Number --010904645
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 3/03
Amount --Plaintiff settled with defendant Strong for an undisclosed amount. The case against defendant Volkswagen of America is ongoing.
Injuries --Plaintiff suffered exacerbated glaucoma in the right eye, which required two surgeries, as a result of the airbag explosion.
Attorney(s) - Plaintiff --Robert B. Sykes, Ron J. Kramer, Darren A. Davis and Cory B. Mattson of Robert B. Sykes & Associates
Attorney(s) - Defense --For defendant Strong: Kristin A. Van Orman of Strong & Hanni; for defendant Volkswagen of America, Incorporated dba Audi of America: Bryon J. Benevento, David N. Wolf and Kamie F. Brown of Snell & Wilmer
Damages --Plaintiff claimed unspecified medical expenses.
Facts/Contentions --Plaintiff purchased a 1992 Audi 100S from defendant Dave Strong’s Audi dealership. Plaintiff claimed defendant Audi of America permitted defendant Strong to market Audi automobiles in the Salt Lake City area. Plaintiff stated that he was driving near Pioneer Park when he noticed a burning smell which became stronger and stronger. Eventually white smoke began to come from the dash, seatbelt pillar area and seat area. Plaintiff said he immediately pulled over, and he and his family evacuated the vehicle. Plaintiff called defendant Strong’s service department, and they advised him to have the vehicle towed in for an evaluation, so plaintiff called the tow-truck company defendant Strong used. While waiting for the tow-truck, plaintiff said, he saw the car continuing to smoke and wondered if he had left the key on; he said he thought the car might stop smoking if he turned the key off. Plaintiff said he leaned into the car to check the ignition and saw that the key was there. He said he turned the key to the right to determine whether it was in the “off” position, and when he turned the key, the driver’s-side airbag deployed. Plaintiff said he later became aware that Audi has issued a recall on components in the airbag system of the Audi model he purchased. Plaintiff claimed defects existed in the design, manufacture and wiring of the airbag system; plaintiff contended that defendants Strong and Audi should never have sold the car without repairing those defects.
Defendant Strong claimed plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant Strong had no control. Defendant Strong also claimed that the Audi was not in a dangerous condition at the time of its manufacture and/or sale.
Defendant Volkswagen of America, Incorporated dba Audi of America denied that the vehicle was defectively designed and/or manufactured and claimed plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant Volkswagen of America had no control.

PERSONAL INJURY
Case Type --TA, WA; Work-related truck accident
Case Name --Bear River Mutual Insurance Company vs. Park City Municipal Corporation and Eloy Chavez
Case Number --010903190
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 3/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
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 $3,000 in PIP benefits for her medical expenses and retained full rights of subrogation.
Facts/Contentions --Plaintiff claimed that defendant Chavez, who was in the course and scope of his employment with defendant Park City and was driving a pick-up truck owned by defendant Park City, negligently rear-ended the 1998 Jimmy owned and driven by plaintiff’s insured on northbound Park Avenue at 14th Avenue in Park City.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Lourdes M. Sanchez vs. Edward R. Trujillo
Case Number --030903950
Court/Judge --3rd District/Fratto
Verdict/Settlement --Verdict, 3/03
Amount --The court entered judgment against defendant in the amount of $16,626.67, which included $164 in accrued costs and $3,484.18 in accrued interest.
Injuries --Plaintiff suffered injuries to her neck, back, shoulders and ribs.
Attorney(s) - Plaintiff --Daniel O. Duffin and Thomas A. Duffin of Duffin & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed $10,478.49 in past medical expenses and $2,500 in general damages.
Facts/Contentions --Plaintiff, who was eastbound on 12300 South, claimed defendant rear-ended plaintiff’s Kia with his pick-up truck at about 200 East in Draper.

PERSONAL INJURY
Case Type --BT, SH; Assault and battery, sexual harassment
Case Name --(Name of case withheld)
Case Number --010901282
Court/Judge --3rd District/Medley
Verdict/Settlement --Verdict, 3/03
Amount --When defendants failed to appear at a scheduling conference, the court struck their answer and found them liable on all counts of plaintiff’s complaint. After a hearing on damages at which defendants did not appear, the court entered judgment against defendants in the amount of $359,641 for compensatory damages and $25,000 for punitive damages.
Injuries --Plaintiff suffered mental and emotional distress and shock.
Attorney(s) - Plaintiff --Lynn S. Davies, Melinda Morgan and Zachary E. Peterson of Richards, Brandt, Miller & Nelson
Attorney(s) - Defense --John S. Chinlund and Thomas R. Barton of Prince, Yeates & Geldzahler (withdrew); male defendant later entered his appearance pro se.
Damages --Plaintiff claimed lost wages from having to leave her employment with defendant corporation, as well as medical expenses to treat her traumatic distress. She sought punitive damages for defendants’ willful and reckless behavior.
Facts/Contentions --Plaintiff worked for defendant corporation as a children’s clothing designer. Male defendant, co-owner and co-president of defendant corporation, is married to female defendant, who shares the presidency and ownership of defendant corporation. Several Doe defendants and XYZ Corporations were named as having possible liability for the alleged tortious acts of the other defendants. Plaintiff stated that she went on a business trip to San Francisco, CA to assist other defendant corporation employees with design projects. She claimed that male defendant carried her bags up to her room and offered to show her the view from the balcony, where he began to kiss the back of her neck. Plaintiff said she told male defendant his attentions were unwanted and unacceptable and asked him to stop, but male defendant refused and told plaintiff that his wife loved him so much that she would allow him to have an affair or a girlfriend. Plaintiff said she went back into the room, where male defendant pushed her down on the bed and asked to touch her breasts. Plaintiff said she got free and headed for the door, but male defendant pushed her up against the wall and fondled her breasts. In the struggle, plaintiff struck her elbow on the bathroom door and bruised it. She said male defendant finally left and apologized profusely the next day, swearing the incident would never happen again; but that night male defendant, female defendant and others attended a business dinner, where plaintiff was given drinks “doctored” with an illegal, debilitating substance. After the dinner, plaintiff said, she could not stand up on her own, and male and female defendants took plaintiff up to her room, where male defendant groped plaintiff and attempted to get her to have sex with him. Plaintiff said the defendant male and female both shoved her violently, but eventually left when plaintiff refused. Two months later, plaintiff said, on a business trip to New York, defendant male and female attempted to pull plaintiff into their hotel suite, but plaintiff refused. Plaintiff said she tried to continue working for defendant corporation, but it became more and more difficult to avoid the defendant owners. Plaintiff claimed defendant corporation did not have a grievance policy in place, did not have a policy against sexual harassment, and failed to protect its employees properly from sexual harassment. Plaintiff eventually felt she had no choice but to quit.
Defendants denied all plaintiff’s allegations and contended that at the conclusion of the business dinner, plaintiff appeared to be drunk, but she consumed alcoholic beverages of her own free will, and defendant male and female helped plaintiff up to her room because she appeared to be too drunk to make it there safely on her own.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Amy Michelle Eaves vs. Wilver J. Gonzalez; Marta Ruiz; Joseluia Gonzalez; Jarvier Zavala; Jose Gonzalez; and Does 1 through 4
Case Number --010905787
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 3/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered injuries to her neck, shoulders and ribs.
Attorney(s) - Plaintiff --Daniel O. Duffin and Thomas A. Duffin of Duffin & Associates
Attorney(s) - Defense --For defendant Ruiz: Chad B. McKay, Ogden (attempted to withdraw, but his motion for withdrawal was denied by the court on grounds that there was a motion before the court to quash the subpoena summoning former defendant Wilver Gonzalez to be deposed as a fact witness)
Damages --Plaintiff claimed medical expenses of $8,919.82 and sought general damages of $25,000. Plaintiff also claimed $6,633.25 in property damages to her vehicle.
Facts/Contentions --Plaintiff was northbound on 400 East in Harrisville, Utah. At about Larsen Lane, plaintiff claimed, defendant Wilver Gonzalez, a minor driving a motor vehicle furnished to him by the other defendants, who were his natural parents and/or guardians, failed to yield the right of way and struck plaintiff’s vehicle. Defendant Wilver Gonzalez was southbound on 400 East. Plaintiff later voluntarily dismissed defendant Wilver Gonzalez from the action and continued her suit against the other defendants, contending that under Utah law, parents or guardians are responsible for damages caused by the negligence of a minor when the parents or guardians give the minor permission to drive a vehicle and sign the minor’s driver’s license as permitting parties.
Defendant Ruiz contended that venue was improper and also claimed the accident was caused by plaintiff’s negligence.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Audrey B. Cornell vs. Lisa Runolfson; Mary Runolfson; and Steve Runolfson
Case Number --010905062
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 3/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered injuries to her neck and back.
Attorney(s) - Plaintiff --F. Kevin Bond
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed combined special and general damages of $50,000, which included past medical expenses, lost wages, and loss of services.
Facts/Contentions --Plaintiff claimed defendant Mary Runolfson, a minor who was driving a vehicle owned and provided to her by her parents and natural guardians, defendants Steve and Lisa Runolfson, rear-ended plaintiff’s vehicle on southbound Highland Drive just past the intersection at Bengal Boulevard. Plaintiff named defendants Steve and Lisa Runolfson on grounds that under Utah law parents or guardians are responsible for damages caused by the negligence of a minor when the parents or guardians give the minor permission to drive a vehicle and sign the minor’s driver’s license as permitting parties.

PERSONAL INJURY
Case Type --MS; Miscellaneous (trash can collision)
Case Name --Lyne Coy vs. Jordan Valley Hospital and Does 1 through 10
Case Number --020904941
Court/Judge --3rd District/Frederick
Verdict/Settlement --Judgment on jury verdict, 4/03
Amount --The jury found the hospital was 100% negligent, and that its negligence was the proximate cause of the plaintiff’s injuries. The jury awarded plaintiff $13,935.38 for past medical expenses, $2,926.43 in accrued interest on those expenses, $6,064.62 in general damages, and $462.20 in costs for a total verdict of $23,388.63.
Injuries --Plaintiff suffered a left leg laceration with bruising, scarring and permanent disfigurement.
Attorney(s) - Plaintiff --William R. Rawlings and A. John Witkowski of the Law Office of William R. Rawlings
Attorney(s) - Defense --David W. Slagle and Kenneth L. Reich of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Russell Scott Haupt, MD
Facts/Contentions --Plaintiff stated that she was on defendant hospital’s premises as a business invitee when she ran into a trash can while walking through a lounge area. Plaintiff claimed the trash can was placed beside a couch in such a way that it was hidden and created an unreasonable hazard. Plaintiff named the Doe defendants as employees who created the hazard by placing the trash can in such a way that it was hidden from people passing through the lounge area.
Defendants claimed plaintiff’s injuries were caused by her own negligence and lack of reasonable care in not looking where she was walking.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Gary Delaney vs. Robert N. Jennings
Case Number --020904493
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and may require surgery in the future.
Attorney(s) - Plaintiff --Nathan N. Jardine
Attorney(s) - Defense --Paul H. Matthews and Richard N. Barnes of Paul H. Matthews & Associates
Damages --Plaintiff claimed unspecified past medical expenses as well as past and future lost wages.
Facts/Contentions --Plaintiff was southbound on 4800 West, heading towards 5400 South. Plaintiff claimed defendant made an illegal left turn and struck plaintiff’s vehicle.
Defendant claimed the accident was caused by plaintiff’s own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --MS; Miscellaneous (plumbing injury)
Case Name --(Name of case withheld
Case Number --020909842
Court/Judge --3rd District/Atherton
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a compression fracture at T11/12. along with aggravation of pre-existing arthritis and degenerative joint disease. Plaintiff presently uses a TENS unit and a wheelchair and walker, none of which were required before the accident.
Attorney(s) - Plaintiff --William R. Hadley
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses. Plaintiff’s spouse sued for loss of consortium.
Facts/Contentions --Plaintiff and plaintiff’s spouse were staying at defendant motel as paying guests, and plaintiff was using the commode in the motel bathroom. Plaintiff stated that the commode was flawed and the porcelain holding tank broke. The force of the water from the tank knocked plaintiff to the floor. Plaintiff also sued the construction company which installed the commode, the general contractor who oversaw the project, and the company which manufactured the fixture.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Luz Marina Milner vs. West Jordan City Corporation
Case Number --020907010
Court/Judge --3rd District/Burton
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to her back and right knee. She claimed permanent impairment.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman & Associates
Attorney(s) - Defense --Dennis C. Ferguson of Williams & Hunt
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff stated that she was injured in the yard of her own residence when she tripped and fell over the cover of a water meter owned and installed by defendant. Plaintiff claimed the lid was not properly secured after city meter-readers checked it.
Defendant claimed plaintiff failed to comply with the provisions of the Governmental Immunity Act, under which defendant was immune from liability. Defendant also claimed plaintiff’s injuries were the result of her own negligence or that of third parties over whom defendant had no control and who loosened the meter cover.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Meaghann Grow vs. David Keele
Case Number --020905634
Court/Judge --3rd District/Frederick
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Randall K. Spencer of Abbott, Spencer & Smith; then of Spencer, Smith & Card, Provo
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was a passenger in a vehicle which was southbound on State Street. Plaintiff claimed defendant’s pick-up truck made an improper left turn from 4050 South in order to go south on State Street and struck the car in which plaintiff was riding.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Lan Van vs. Wade Mezenen and Does 1 through 5
Case Number --020902855
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Vinh K. Ly
Attorney(s) - Defense --Julianne P. Blanch and Trystan B. Smith of Snow, Christensen & Martineau
Expert Witness(es) - Defense --Defendant designated an unnamed independent medical examination physician; an unnamed biomechanical expert/accident reconstructionist; and any and all of plaintiff’s health care providers.
Damages --Plaintiff claimed $4,500 in medical expenses, $5,500 in property damage to his vehicle and $978 in rental car costs to replace his vehicle while it was out of commission.
Facts/Contentions --Plaintiff stated that he was eastbound on California Avenue, entering the 900 West intersection on a green light. Plaintiff claimed defendant, who was adjusting his radio, ran the red light at the intersection and struck plaintiff’s car broadside, spinning it around 180 degrees. Plaintiff named the Doe defendants as possible unidentified contributors to the cause of the accident.
Defendant contended that plaintiff’s injuries were caused by his 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; Automobile accident
Case Name --Cindy Breen Shepherd vs. Zach Rideout
Case Number --020900479
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 4/03
Amount --The court dismissed this case after plaintiff failed to respond to an order to show cause and appear in person or appoint new counsel after her attorney withdrew.
Injuries --Plaintiff suffered a broken bridge; cervicalgia; headaches and low back pain with a central Grade I disc bulge at C3/4. She may have a permanent impairment.
Attorney(s) - Plaintiff --J. Jordan Christianson of Robert J. DeBry & Associates (withdrew)
Attorney(s) - Defense --Michael J. Walk of Victoria K. Kidman & Associates
Damages --Plaintiff claimed medical expenses of over $5,000, as well as past lost wages and unspecified future medical expenses. If her impairment is permanent, she may claim a loss of future earning capacity.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff stopped for a stop sign on 10900 South at the 2000 East intersection.
Defendant claimed plaintiff’s injuries were caused by her own negligence in stopping abruptly.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Noelle T. Lowe and Chad C. Lowe vs. Southwestern, Incorporated dba Southwestern Ice, Incorporated; Reddy Ice Corporation; A. J. Lewis III; William Curtis Hayes; and Does 1 through 10
Case Number --020901026
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff Noelle Lowe sustained a catastrophic brain injury, as well as other serious multiple injuries. She was comatose for an extended period of time and had to re-learn to walk, talk and perform basic functions. She is permanently disabled and significantly disfigured.
Attorney(s) - Plaintiff --L. Rich Humpherys of Christensen & Jensen; then David R. Olsen and Alan W. Mortensen of Dewsnup, King & Olsen
Attorney(s) - Defense --For defendants Hayes, Lewis, Southwestern and Reddy Ice: Terry M. Plant of Plant, Wallace, Christensen & Kanell
Expert Witness(es) - Plaintiff --Plaintiff designated Greg DuVal--accident reconstructionist; Ronald Woolley, PhD--accident reconstructionist; and Helen A. Woodard, MA--rehabilitation counselor and lifecare planner.
Damages --Plaintiff Noelle Lowe claimed massive past and future medical expenses and wage loss. Her spouse, plaintiff Chad Lowe, claimed loss of consortium.
Facts/Contentions --Plaintiffs claimed defendant Hayes, an employee of defendant Southwestern who was in the course and scope of his employment, was driving a commercial ice truck when he ran a red light and struck the side of a vehicle driven by plaintiff Noelle Lowe. The Lowe vehicle was completely destroyed. The accident took place at the intersection of University Parkway and Canyon Road in Orem. Plaintiffs claimed defendant Southwestern was an expired corporation; they therefore argued that the company’s president, defendant Lewis, was responsible for acts of negligence committed by the company’s employees. Plaintiffs claimed defendant Hayes was an employee of both defendant Southwestern and defendant Reddy Ice. The Doe defendants were named as principals, officers or directors of the expired corporation.
Defendants Southwestern and Reddy Ice admitted that the accident occurred, but denied liability, claiming the accident was caused by the negligence of plaintiff Noelle Lowe or that of third parties over whom these defendants had no control. Defendants also claimed that the accident was caused by an act of God. Defendants also stated that Southwestern merged with Reddy Ice and was thus not expired.
Defendant Hayes admitted that the accident occurred, but denied liability, claiming the accident was caused by the negligence of plaintiff Noelle Lowe or that of third parties over whom defendant Hayes had no control. Defendant Hayes also claimed that the accident was caused by an act of God or unforeseeable circumstances.

PERSONAL INJURY
Case Type --BT; Assault
Case Name --Brett Stevens vs. Michael L. Pestotnik and Does 1 through 10
Case Number --020900996
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant shortly before settlement was announced: $7,500 including costs.
Injuries --Plaintiff suffered several injuries, including a comminuted fracture of the nasal bone which required surgical repair.
Attorney(s) - Plaintiff --James W. Stewart and Richard J. Armstrong of Wood Crapo
Attorney(s) - Defense --Rick L. Rose and Melissa H. Bailey of Ray, Quinney & Nebeker; then Robert L. Stevens of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified past medical expenses and sought punitive damages for defendant’s willful and malicious actions.
Facts/Contentions --Plaintiff was playing in a hockey playoff game in Murray Park, and defendant Pestotnik was the assistant coach for the opposing team. Plaintiff’s team was ahead of defendant’s. During the last few seconds of the game, or at the end of the game, plaintiff claimed, defendant left the bench area, entered the ice area, and started hitting plaintiff. The rules of hockey prohibit coaches from entering the ice area, and plaintiff claimed defendant, an adult, committed an unlawful act by attacking plaintiff, a minor. Plaintiff named the Doe defendants as possible contributors to the altercation.
Defendant stated that he went out onto the ice only to restore order; defendant also claimed that hockey rules prohibited a player from coming out of the penalty box onto the ice without having all of his equipment on, as defendant claimed plaintiff did. Defendant stated that he struck plaintiff only after plaintiff struck him and acted only in self-defense. Defendant stated that he did not act willfully or maliciously.

PERSONAL INJURY
Case Type --BT, CX; Assault/battery, counter-claim
Case Name --Jan Bates and Justin Bates vs. Lamar Mitchell
Case Number --010906821
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 4/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff Justin Bates fractured his hand in five places and underwent orthopedic surgery, along with several months of rehabilitative physical therapy. Plaintiff Jan Bates received scratches and bruising on her neck and hands and a wound on her elbow which left a scar.
Attorney(s) - Plaintiff --Russell Y. Minas
Attorney(s) - Defense --John E. Swallow of Swallow & Associates
Damages --Plaintiffs sought $100,000 in damages as well as punitive damages.
Facts/Contentions --Plaintiffs are mother and son, and defendant is their next-door neighbor in Herriman. Their parcels of land are separated by a dirt road easement. Plaintiff Justin Bates stated that he was on his own property, drilling holes with an auger attached to a “bobcat” in order to install a fence and gate along the south boundary of his property. A county survey had been conducted and its markers were visible. Defendant had previously stated that he thought the county’s markers were inaccurate, and he commissioned a private survey, installing a rebar marker to indicate where his survey said the property line should be. Plaintiff said he placed his fence posts inside all the survey markers to ensure that he was really erecting the fence on his own property. However, plaintiff claimed that, as he began drilling post-holes, defendant suddenly emerged from his home and demanded that plaintiff stop drilling; defendant accused plaintiff of trespass. Plaintiff said he told defendant that if he (defendant) felt the posts were being improperly placed he should call the police. Plaintiff stated that defendant then entered plaintiff’s property and followed plaintiff, harassing him, swearing at him and calling him names. At this point plaintiff Jan Bates came out of her house and an argument ensued, during which, plaintiff Justin Bates claimed, defendant took plaintiff Jan Bates by the throat and began squeezing her; he pushed her backward, and she fell to the ground. Plaintiff Justin Bates then went to his mother’s defense and stepped between her and defendant, taking the blow intended by defendant for his mother. Plaintiff Justin Bates said he struck defendant three or four times in the face with his fist, fracturing his right hand in five places. Plaintiff Justin Bates shouted to his mother to get inside the house and call the police as defendant headed toward plaintiff Jan Bates a second time. Plaintiffs said defendant left the property shortly after that time. When the police arrived, defendant was charged with criminal assault; these charges are pending.
Defendant counter-claimed that the altercation resulted after a prolonged campaign of harassment and intimidation of defendant by plaintiffs which was intended to cause defendant extreme emotional distress. Defendant claimed the post-hole was dug on defendant’s property, not plaintiffs’. Defendant sought $250,000 in his counter-claim. Plaintiffs denied all the allegations in the counter-claim.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Aldijana Kajdic vs. Eliezer Lara-Lara
Case Number --010907598
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Verdict, 4/03
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Nick J. Colessides
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed past medical expenses of $4,500, as well as unspecified future medical expenses and past lost wages.
Facts/Contentions --Plaintiff claimed defendant negligently collided with plaintiff’s vehicle at the intersection of 200 North and 400 West in Kaysville.

PERSONAL INJURY
Case Type --BT; Battery
Case Name --Julie J. Crawford vs. Michael B. Anderson
Case Number --020902504
Court/Judge --3rd District/Burton
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered abrasions, contusions and bruising of her arm.
Attorney(s) - Plaintiff --Daniel F. Bertch and Traci A. Timmerman of Bertch Robson
Attorney(s) - Defense --Defendant was originally represented pro se, but was later represented by John R. Lund and Trystan B. Smith of Snow, Christensen & Martineau.
Damages --Plaintiff claimed $3,000 in medical expenses and sought punitive damages for defendant’s allegedly willful and malicious behavior.
Facts/Contentions --Plaintiff said she visited the home of her friend Janet Anderson to pick up a two-year-old child she had left in Mrs. Anderson’s care. When plaintiff got to the house, she said, defendant (Mrs. Anderson’s husband) was in a bedroom of the house loading a gun in the presence of the minor child. Plaintiff said she grabbed the minor child to take him out of the room, whereupon defendant began yelling and cursing at plaintiff and shoved her very hard so that she struck her left arm violently against the wall and doorframe. Plaintiff left the house and went directly to the sheriff’s office, where she reported the incident.
Defendant stated that plaintiff came to his house not to pick up the child, but to discuss with defendant’s wife a garage sale the two women were organizing. Defendant said he went to get the gun to make certain it was not going to be sold in the sale. Defendant said the clip was out, and there were no shells in the gun. Defendant said he then asked plaintiff to leave, as his dispute with his wife over which property was to be sold at the sale was not her business. Defendant said that as plaintiff left, she kicked the door repeatedly from outside, possibly injuring herself.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Tammy Stocker vs. David Christopher Johnson and Swift Transportation Company Incorporated
Case Number --010909130
Court/Judge --3rd District/Livingston
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount. Offer of judgment by defendants in March of 2003: $2,001, including all no-fault payments.
Injuries --Plaintiff suffered injuries to her upper shoulder.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman & Associates
Attorney(s) - Defense --Christian W. Nelson of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Defense --Defendants designated Ron Probert--accident reconstructionist; and Gerald R. Moress, MD--independent medical evaluation physician.
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was westbound on Haven Avenue at about 300 West, traveling behind a semi truck owned and operated by defendant Swift and driven by defendant Johnson, who was in the course and scope of his employment with defendant Swift. Plaintiff stated that the semi was in the middle lane of traffic, signaling for a left turn. Plaintiff claimed that when she pulled up to the right of the semi to make a right turn, the semi made a right turn from the center lane and drove over plaintiff’s vehicle.
Defendants admitted that the accident occurred, but contended that it was caused by plaintiff’s own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Ronda Woodcox vs. Julie Snow and Does 1 through 10
Case Number --010907775
Court/Judge --3rd District/Quinn
Verdict/Settlement --Settlement, 5/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered head, neck and back injuries which caused headaches, depression and insomnia.
Attorney(s) - Plaintiff --William R. Rawlings of the Law Office of William R. Rawlings
Attorney(s) - Defense --Joseph E. Minnock of Morgan, Meyer & Rice; later Morgan, Minnock & Rice
Expert Witness(es) - Defense --Defendant designated John Barbuto, MD--neurologist; Elayne Clark, MD; and Rick Hoffman, LECG.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was northbound on 700 East at the 500
South intersection. Plaintiff claimed defendant Snow, who was southbound on 700 East, attempted to make an improper left turn onto eastbound 500 South, failed to yield the right of way, and struck plaintiff’s vehicle. The Doe defendants were named as having been possible additional contributors to the accident.
Defendant Snow admitted that the accident occurred, but denied liability, claiming that plaintiff’s injuries were pre-existing and the accident was caused by plaintiff’s own negligence.

PERSONAL INJURY
Case Type --TA, AR, WA; Work-related pick-up truck accident; alcohol-related claim
Case Name --Dawn Slater vs. Marvin Knudsen and Does 1 through 10
Case Number --010905068
Court/Judge --3rd District/Peuler
Verdict/Settlement --Settlement, 5/03
Amount --This case settled for an undisclosed amount. Offer of judgment by defendants, March 2003: $65,000 new money (in addition to the currently outstanding PIP or no-fault subrogation lien of $17,758.72, including costs and fees to date).
Injuries --Plaintiff suffered head, neck and back injuries, including disc herniations at L3/4 and L4/5; headaches; and emotional distress.
Attorney(s) - Plaintiff --William R. Rawlings of the Law Office of William R. Rawlings
Attorney(s) - Defense --Stephen J. Trayner of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. Plaintiff also sought punitive damages for defendant’s alcohol consumption, which plaintiff claimed contributed to the cause of the accident.
Facts/Contentions --Plaintiff was a passenger in a Toyota pick-up truck which was southbound on 1300 East at the 8968 South intersection in Sandy. Plaintiff claimed defendant’s Chevrolet pick-up truck rear-ended plaintiff’s vehicle, which had stopped for a red light at the intersection. Plaintiff claimed defendant, who was in the course and scope of his employment, had consumed alcohol shortly before the accident. Plaintiff named the Doe defendants as possible additional contributors to the accident.
Defendant admitted that the accident occurred, but denied being under the influence of alcohol and claimed plaintiff’s injuries were cause by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; PA; Automobile/pedestrian accident
Case Name --Joshua Owen, by and through his natural guardian Kelly Wieberg, vs. Tiana Davdi Perez and Brandon K. Howard
Case Number --010904672
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 5/03
Amount --Plaintiff settled with both defendants for an undisclosed amount.
Injuries --Plaintiff suffered multiple serious injuries, including injuries to his head; neck; back; face; chest; pelvis; abdomen; arm; and knees.
Attorney(s) - Plaintiff --Matthew J. Storey of Siegfried & Jensen
Attorney(s) - Defense --For defendant Howard: David W. Lund of Petersen & Hansen; for defendant Perez: Paul H. Matthews and Gregory N. Hoole of Kirton & McConkie (defendant Hoole later withdrew); then Paul H. Matthews and Richard N. Barnes of Paul H. Matthews & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff Owen, a minor, stated that he was standing in the median lane of 5443 West with his bicycle, waiting for traffic to clear so he could cross 5415 South; plaintiff said he was about 50 feet north of the intersection of 5415 South and 5443 West. Plaintiff claimed defendant Perez, who was westbound on 5415 South, struck plaintiff, and defendant Howard, who was following defendant Perez too closely, also struck plaintiff. Plaintiff claimed both defendants made improper use of the median lane as a travel lane.
Plaintiff Perez denied liability, claiming the accident was caused by the negligence of third parties over whom defendant Perez had no control.
Defendant Howard admitted that the accident occurred, but denied liability, claiming plaintiff’s injuries were pre-existing and the accident was caused by plaintiff’s own negligence or that of third parties over whom defendant Howard had no control.

PERSONAL INJURY
Case Type --TA, PA, WA; Work-related van/pedestrian accident
Case Name --Richard Wagner vs. Canyon Transportation, Incorporated, dba Canyon Transportation Snowbird Alta
Case Number --010907393
Court/Judge --3rd District/Quinn
Verdict/Settlement --Settlement, 4/03
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered severe compression injuries to his back and neck and a fractured wrist; he claimed permanent impairment.
Attorney(s) - Plaintiff --Dennis J. Conroy and Spencer Siebers of Silvester & Conroy
Attorney(s) - Defense --S. Baird Morgan and Diana Garrett Matkin of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff --Plaintiff designated J. D. Parkin, MD and Officer Michael Leary, who investigated the accident at the scene.
Expert Witness(es) - Defense --Defendant designated Newell Knight--accident reconstructionist; Officer Michael Leary; and plaintiff’s medical experts.
Damages --Plaintiff claimed medical expenses of over $5,000, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff claimed he was crossing the road at the #4 entrance of Snowbird resort when Ryan Wade, who was in the course and scope of his employment with defendant company and was driving a van with no passengers which was headed down the canyon, suddenly cut in front of up-canyon traffic to make a left turn into the resort entrance and struck plaintiff. Plaintiff claimed Ryan Wade ran over plaintiff without stopping or slowing; plaintiff also claimed Ryan Wade violated several Utah traffic laws.
Defendant denied liability and claimed plaintiff’s injuries resulted from his own negligence or that of third parties over whom defendant had no control. Defendant admitted that Ryan Wade worked for defendant, but denied that Ryan Wade caused the accident; instead, defendant claimed plaintiff ran out in front of the van without looking. Mention was made of an unidentified witness who stated that plaintiff ran out in front of the van, but the witness left the scene before law enforcement officers arrived, and she could not be located afterwards.
Plaintiff and defendant disputed the admission of a