Trial Reports
2004

Personal Injury

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Pablo Martinez vs. Intermountain Health Care, Incorporated; and Robert Bahr
Case Number --030923423
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --John F. Fay and Kelton G. Busby of Gregory, Barton & Swapp
Attorney(s) - Defense --This case was settled with an insurance adjuster.
Damages --Plaintiff claimed past medical expenses of $4,160 to the date of the complaint, as well as unspecified future medical expenses and unspecified past property damages. He sought general damages of $20,000.
Facts/Contentions --Plaintiff was northbound in the number-5 lane of traffic on I-15 at about 800 South. Plaintiff claimed defendant Bahr, who was in the course and scope of his employment with defendant IHC and was driving a vehicle owned and operated by defendant IHC, made an improper lane change from the number-4 northbound lane of I-15 into the number-5 lane, in which plaintiff was traveling, at the same time as traffic began to slow. Plaintiff claimed defendant Bahr’s lane change caused defendant Bahr to strike the vehicle immediately in front of defendant Bahr, which led to a series of impacts involving at least six vehicles; plaintiff was driving one of the vehicles involved. Plaintiff claimed defendant Bahr’s vehicle struck plaintiff’s vehicle after the initial collision. Plaintiff named defendant IHC under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of an employee who was acting in the course and scope of his employment at the time when the damages were caused.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Eva Kamitoni vs. Richard L. Stair
Case Number --030923411
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Roger W. Griffin and John F. Fay of Gregory, Barton & Swapp
Attorney(s) - Defense --This case was settled with an insurance adjuster.
Damages --Plaintiff claimed past medical expenses of $5,270 to the date of the complaint, as well as unspecified future medical expenses and unspecified past property damages. She sought general damages of $20,000.
Facts/Contentions --Plaintiff was stopped at a railroad crossing in the westbound lane of 800 West at its intersection with 600 West, waiting for a train to pass. Defendant was stopped in the same lane immediately behind plaintiff. Plaintiff claimed that after the train had passed and the crossing arms lifted, defendant drove into the back of plaintiff’s vehicle, without looking, before plaintiff’s vehicle had begun to move.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Greg Vandemerwe, individually and on behalf of minors Brittany Vandemerwe and Tasha Wey, vs. George McLaughlin; Lo Cost Rental; and Does 1 through 10
Case Number --03923147
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 1/04
Amount --Under the terms of the settlement, plaintiff Greg Vandemerwe received an unspecified amount. Plaintiff Greg Vandemerwe, the natural parent of plaintiffs Brittany Vandemerwe and Tasha Wey, was appointed by the court as conservator for the net proceeds of the settlement payments made to minor plaintiffs Brittany Vandemerwe and Tasha Wey; these proceeds are to be placed in a federally insured depository and may not be withdrawn without the approval of the court before the minor plaintiffs reach the age of 18. The total settlement payment made to plaintiff Brittany Vandemerwe was $4,500, of which she received net proceeds of $1,790.47 after attorney’s fees, outstanding liens, and costs were deducted and paid. The total settlement payment made to plaintiff Tasha Wey was $3,000, of which she received net proceeds of $1,356.25 after attorney’s fees, outstanding liens, and costs were deducted and paid.
Injuries --Plaintiff Greg Vandemerwe suffered head, neck and back injuries; plaintiff Brittany Vandemerwe suffered head, neck and back injuries and experienced difficulty sleeping after the accident; and plaintiff Tasha Wey suffered head, neck and back injuries.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --This case was settled with an adjuster from Inspire Insurance Solutions.
Damages --Plaintiff Brittany Vandemerwe had outstanding medical liens in the amount of $1,132.87, and plaintiff Tasha Wey had outstanding medical liens in the amount of $532.33; plaintiff Greg Vandemerwe claimed unspecified past medical expenses and lost wages, and all three plaintiff claimed unspecified future medical expenses. Plaintiff Greg Vandemerwe also claimed unspecified future lost wages.
Facts/Contentions --Plaintiffs were westbound on 3500 South, with plaintiff Greg Vandemerwe driving and plaintiffs Brittany Vandemerwe and Tasha Wey as passengers. Plaintiffs claimed that defendant McLaughlin, who was in the course and scope of his employment with defendant Lo Cost Rental and was driving a Chevrolet Astro Van owned and operated by defendant Lo Cost Rental, negligently rear-ended plaintiffs’ pick-up truck as they stopped for the light at the 5200 West intersection. Plaintiffs named defendant Lo Cost Rental under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by the negligence of an employee who was acting in the course and scope of his employment at the time when the damages were caused.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Pamela Darby vs. Melvin Daniel and Nicholas Barton
Case Number --030921729
Court/Judge --3rd District/Dever
Verdict/Settlement --Settlement, 1/04
Amount --Plaintiff settled with defendant Daniel for an undisclosed amount. Plaintiff stipulated to the dismissal of the case by the court after this settlement was reached.
Injuries --Plaintiff suffered multiple serious injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Daniel F. Bertch and Kevin Robson of Bertch Robson
Attorney(s) - Defense --For defendant Barton: Joseph J. Joyce and James D. Franckowiak; for defendant Daniel: Barbara K. Berrett and Tracy A. Wilder of Berrett & Associates
Damages --Plaintiff claimed past medical expenses of $11,300 and property damages of $7,000, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff was westbound on I-215 near 600 West in the center lane. Plaintiff Daniel, driving a truck and towing a trailer, was westbound in the far right lane, and defendant Barton was in the middle lane, between plaintiff and defendant Daniel. Plaintiff claimed defendant Daniel made an improper lane change into the lane occupied by defendant Barton, who swerved into the center lane, striking plaintiff’s vehicle and causing her to lose control of it. Plaintiff’s vehicle careened into the median and overturned. Plaintiff’s vehicle was totally destroyed in the accident.
Defendant Barton admitted that the accident occurred, but claimed it was caused entirely by the negligence of third parties, including but not limited to defendant Daniel, over whom defendant Barton had no control.
Defendant Daniel denied liability, claiming the accident was caused entirely by plaintiff’s negligence or that of third parties, including but not limited to defendant Barton, over whom defendant Daniel had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Ruth McGovern vs. the estate of Beatrice L. Baker, Georgette B. Loring, personal representative
Case Number --030920264
Court/Judge --3rd District/Hilder
Verdict/Settlement --Verdict, 1/04
Amount --The court dismissed this case for plaintiff’s failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered injuries to her head, neck and back; she claimed permanent impairment.
Attorney(s) - Plaintiff --Wayne H. Braunberger of Braunberger, Boud & Draper
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past medical expense and lost wages and future medical expenses.
Facts/Contentions --Plaintiff was eastbound on 3500 South; she claimed she started through the 2200 West intersection on a green light. Plaintiff claimed decedent Baker made an improper left turn from the left-turn lane of westbound 3500 South, attempting to go south on 2200 West, and struck plaintiff’s vehicle. Plaintiff claimed decedent Baker ran the red arrow which governs left turns at that intersection. Plaintiff stated that the officer who investigated the accident was only about 100 feet from the intersection at the time of the crash, but did not witness it, though he heard the impact and observed that it was very loud. Plaintiff stated that the investigating officer saw the two vehicles rolling apart when he looked up at the sound of the crash. Plaintiff claimed that after plaintiff’s vehicle rolled to a stop, decedent Baker proceeded east on 3500 South before pulling into a parking lot. Plaintiff claimed decedent Baker seemed confused at the scene and thought she was turning left onto 2700 West, not 2200 West; plaintiff claimed decedent Baker was cited for an improper left turn.
Decedent Baker died on December 9, 2002, at the age of 76, due to causes unrelated to this accident; plaintiff thereafter brought this action against her estate.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Destinee (Henderson) Marshall vs. Laddie V. Houck
Case Number --030919763
Court/Judge --3rd District/Hilder
Verdict/Settlement --Verdict, 1/04
Amount --The court dismissed this case for plaintiff’s failure to serve defendant with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered a re-injury of her left wrist; she claimed the accident caused permanent impairment over and above that which necessitated or resulted from the prior surgeries and/or injuries. Plaintiff claimed the accident caused a cyst on her left wrist which had to be surgically removed; she also claimed she will have to undergo another surgery exactly like the one she had just undergone at the time of the accident to repair the damage caused by the accident.
Attorney(s) - Plaintiff --Linda D. Smith
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was southbound on 300 West at approximately 1150 South, driving a Dodge Dakota truck owned by her employer. Plaintiff claimed defendant rear-ended plaintiff’s vehicle as plaintiff slowed to make a left turn into a business driveway. Plaintiff claimed her left wrist was already in a thumb cast, as she had just undergone the last of three surgeries performed on her wrist; she claimed her left wrist was jammed violently against the steering wheel by the impact of this collision.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Becky Isom and Mike Isom vs. David Deus
Case Number --030917276
Court/Judge --3rd district/Henriod
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiffs each suffered unspecified injuries.
Attorney(s) - Plaintiff --Bryan A. Larson of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --Jan P. Malmberg and John Haslam Bailey of Perry, Malmberg & Perry, Logan
Damages --Plaintiffs claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiffs were the driver and passenger in a vehicle which was coming up on the intersection of 4630 South and 3200 West. Plaintiffs claimed defendant, who was distracted by his young son and had turned around in his seat, failed to see the plaintiffs’ vehicle in front of him and rear-ended it.
Defendant claimed plaintiffs’ injuries were caused by the plaintiffs’ own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiffs voluntarily assumed the risk of their injuries when they drove out onto the road. Defendant contended that plaintiffs’ injuries were pre-existing and the medical treatment they received was unnecessary and did not meet the state standard of care. Defendant further claimed plaintiffs failed to join an indispensable party to this action and failed to meet the $3,000 threshold for special damages which must be met under Utah law before an injured plaintiff may file suit. Defendant argued that the case should therefore be dismissed.

PERSONAL INJURY
Case Type --AA, TA, AR, BC, MF, MS; Alcohol-related automobile/truck accident, breach of contract, fraud, miscellaneous (interference with prospective economic advantage)
Case Name --Mark Wilmot vs. John Gardner and State Farm Insurance
Case Number --030917704
Court/Judge --3rd District/Hilder
Verdict/Settlement --Verdict, 1/04
Amount --The court dismissed this case for plaintiff’s failure to serve defendants with notice of the action within 120 days of the filing of the complaint.
Injuries --Plaintiff suffered multiple unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Nelson Abbott of Abbott & Associates, Provo
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages. Plaintiff argued that defendant State Farm should be ordered to pay not only the restitution payments it owes plaintiff, but also the entire amount of any judgment against defendant Gardner from this civil suit, including accrued interest, attorney’s fees and costs, regardless of policy limits.
Facts/Contentions --Plaintiff, who had his family with him in his van, was stopped for a red light on southbound Bangerter Highway at the 9800 South intersection. As the light turned green for him, plaintiff said, he looked both ways and proceeded into the intersection. Plaintiff claimed defendant Gardner, who was driving while intoxicated, ran the red light at westbound 9800 South, passed all the other cars which had stopped for the red light at westbound 9800 South and drove into the driver’s side of plaintiff’s van at approximately 50 miles per hour. Plaintiff claimed the impact caused the rear end of defendant Gardner’s truck to swing around and strike the rear of the passenger side of plaintiff’s van after the initial collision. Plaintiff claimed defendant Gardner was driving willfully and recklessly.
Plaintiff claimed that defendant State Farm told the State of Utah that defendant State Farm would accept responsibility for the restitution payments imposed on defendant Gardner as part of a criminal judgment after defendant Gardner was convicted of criminal charges brought against him in connection with this accident. Plaintiff claimed that the restitution payments were supposed to be made to plaintiff, and also that defendant Gardner’s parole officer, acting on defendant State Farm’s statement that it was paying the restitution, allowed defendant Gardner an early release from his parole. Plaintiff claimed defendant State Farm failed to make the promised restitution payments. Plaintiff claimed he was seriously hampered in his collection attempts against defendant Gardner by defendant State Farm’s representations, which he claimed rendered the restitution order against defendant Gardner effectively unenforceable. Plaintiff claimed defendant State Farm should be ordered to make the promised restitution payments, citing the legal doctrines of third-party beneficiary to a contract, breach of contract, fraud, and interference with prospective economic advantage. Plaintiff claimed that because of defendant State Farm’s actions, plaintiff was obliged to hire an attorney and bring this civil suit in order to collect the restitution payments which were owed him.

PERSONAL INJURY
Case Type --AA, TA, WA; work-related automobile/truck accident
Case Name --Metropolitan Property and Casualty Insurance Company dba Metlife Auto & Home vs. Swire Pacific Holdings, Incorporated; The Coca Cola Company; Swire Coca Cola USA; Terry Joseph Encinias; and Doe Business Entities 1 through 5
Case Number --030918381
Court/Judge --3rd District/Fratto
Verdict/Settlement --Verdict, 1/04
Amount --The Coca Cola defendants moved the court to dismiss this action, arguing that under Utah law, (Utah Code Annotated Section 31A-28-201 et seq.) the plaintiff cannot subrogate amounts it paid pursuant to the Utah Property Casualty Guaranty Association Act. The plaintiff, upon reviewing this argument, conceded that the motion was well-taken and did not contest the Coca Cola defendants’ motion. The court therefore granted the motion and dismissed this claim with prejudice.
Injuries --Plaintiff’s insured suffered multiple serious injuries.
Attorney(s) - Plaintiff --Douglas G. Mortensen of Matheson, Mortensen, Olsen & Jeppson
Attorney(s) - Defense --Cory D. Memmott of Plant, Christensen & Kanell
Damages --Plaintiff paid its insured $106,147 in medical benefits, PIP benefits and other benefits under the uninsured motorist clause of its insured’s policy.
Facts/Contentions --Plaintiff claimed that defendant Encinias, who was in the course and scope of his employment with the Coca Cola defendants, was looking down at job-related information in the cab of his Coca Cola delivery truck and was driving too fast because he was in a hurry to complete his delivery run. Plaintiff claimed defendant Encinias failed to notice that the vehicles ahead of him, including one which was driven by plaintiff’s insured, had stopped for a red light; plaintiff claimed defendant Encinias rear-ended the vehicle driven by plaintiff’s insured, pushing it into the vehicles directly ahead of it. Plaintiff claimed that its insured sought to collect damages from the Coca Cola defendants and/or their insurer, but was prevented from collecting by insolvency proceedings involving Coca Cola’s insurer. Due to the insurer’s insolvency, plaintiff’s insured sought payment of his damages from plaintiff under the uninsured motorist clause in his policy. Plaintiff paid benefits to its insured under this clause. Plaintiff claimed the Coca Cola defendants breached their financial responsibilities to plaintiff’s insured, since under the doctrine of respondeat superior they were responsible for the damages caused by the negligence of their employee, who was acting in the course and scope of his employment with them. The doctrine of respondeat superior holds that an employer is responsible for damages caused by the negligence of an employee who was acting within the course and scope of his employment at the time he caused the damages. Plaintiff further claimed that the Coca Cola defendants have sufficient assets to be considered and classified under Utah motor vehicle financial responsibility laws as “self-insured.” Plaintiff sought reimbursement from the Coca Cola defendants for the amounts plaintiff paid its insured.
The Coca Cola defendants claimed that plaintiff is not entitled to subrogate payments it made pursuant to the Utah Property and Casualty Guaranty Association Act. Once the Coca Cola defendants’ insurer was declared insolvent, these defendants argued, the Utah Property and Casualty Insurance Guaranty Association was obligated under the act for all “covered claims” made by any claimants, including plaintiff’s insured. The Coca Cola defendants argued that plaintiff also qualified as a claimant because it instituted this claim against the Coca Cola defendants. Since plaintiff is a member of the Utah Property and Casualty Insurance Guaranty Association, the Coca Cola defendants argued, plaintiff was effectively attempting to assert rights of subrogation against itself for the payments it made when its coverage became primary under the Act (i.e., when the Coca Cola defendants’ insurer was declared insolvent). On these grounds, the Coca Cola defendants moved to dismiss this claim with prejudice.

PERSONAL INJURY
Case Type --AA, TA; automobile/truck accident
Case Name --Jeneal Andrews vs. Stewart Merrill
Case Number --030927676
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 1/04
Amount --The court dismissed this claim upon plaintiff’s notice pursuant to Rule 41(a)(1) of the Rules of Civil Procedure.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Phillip B. Shell of Day, Shell & Liljenquist
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed past medical expenses of $7,000, as well as unspecified past lost wages. Plaintiff sought general damages of $25,000.
Facts/Contentions --Plaintiff, who was driving a truck, was northbound on the 4500 South off-ramp of I-15, intending to make a right turn onto 4500 South. Plaintiff claimed that as she was stopped, waiting for the red light to change, defendant’s vehicle rear-ended plaintiff’s vehicle.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Molly Tolman vs. Frank Torres
Case Number --020900358
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 1/04
Amount --The court dismissed this case without prejudice after the parties failed to appear at a pre-trial settlement conference on January 5, 2004. An arbitration was held before arbitrator Robert Henderson on January 14, 2004.
Injuries --Plaintiff suffered unspecified injuries which included fibromyalgia.
Attorney(s) - Plaintiff --Brett G. Pearce and Richard K. Spratley of Pearce & Spratley
Attorney(s) - Defense --Gary D. Josephson of Petersen & Associates; then J. Kelly Walker of Petersen & Hansen
Expert Witness(es) - Plaintiff --Plaintiff designated a long list of treating health care providers.
Expert Witness(es) - Defense --Defendant designated Gerald R. Moress, MD--neurologist; and Patrick R. Luers, MD--radiologist; Dr. Moress conducted an independent medical examination and Dr. Luers conducted an independent radiology and records review.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was stopped behind another vehicle on eastbound 3500 South after turning onto 3500 South from 2700 West. Plaintiff claimed defendant rear-ended plaintiff’s vehicle, pushing it into the rear of the vehicle ahead of it.
Defendant admitted that he drove into the rear of plaintiff’s vehicle, but claimed the accident was caused by plaintiff’s negligence in the form of a sudden stop or by conditions or individuals beyond defendant’s control. Defendant also claimed plaintiff’s injuries were pre-existing.

PERSONAL INJURY
Case Type --DB; Dog-bite
Case Name --Lonnie Pursifull, for and on behalf of minor plaintiff Amanda Pursifull, vs. Evie Marenco; and Does 1 through 10
Case Number --010909880
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Minor plaintiff Amanda Pursifull suffered extensive dog-bites which caused abrasions, wounds and damage to her head, scalp, neck and forehead. She suffered scarring.
Attorney(s) - Plaintiff --William R. Rawlings of the Law Office of William R. Rawlings
Attorney(s) - Defense --William A. Stegall and Leonard E. McGee of Stegall & Associates
Damages --Minor plaintiff Amanda Pursifull claimed unspecified past and future medical expenses.
Facts/Contentions --Minor plaintiff Amanda Pursifull claimed she was bitten by defendant Marenco’s dog while minor plaintiff Amanda Pursifull was visiting defendant Marenco’s residence. Plaintiffs claimed defendant Marenco failed to restrain the dog so as to keep it from attacking others. The Doe defendants were named as having been in some way partially negligently responsible for the injuries suffered by minor plaintiff Amanda Pursifull.
Defendant Marenco claimed minor plaintiff Amanda’ Pursifull’s injuries were caused by the negligence of third parties over whose actions defendant Marenco had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Nancy Telos vs. Ryan Thompson
Case Number --010911228
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --Barbara L. Maw and Bruce C. Burt; then Barbara L. Maw of the Law Office of Barbara L. Maw
Expert Witness(es) - Plaintiff --Plaintiff designated investigating Salt Lake Police Department officer T. Flores; Dr. Grant Stoddard; Dr. William Gatlin; a representative of MXL, Incorporated; a representative of Utah Radiology; Dr. Greg Miller; Dr. Neil King; Dr. Betty Ball; Jen Shurtliff, LMT; and Heather Merrill, LMT.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was northbound on 900 West; she claimed she was entering the intersection at 900 South on a green light. Plaintiff claimed defendant, who was eastbound on 900 South, ran the red light and crashed into plaintiff’s vehicle spinning it 180 degrees. Plaintiff claimed defendant continued east on 900 South for about another 50 feet after the accident.
Defendant denied being eastbound on 900 South; rather, he contended, the collision took place at the intersection of 800 South and 900 West. Defendant denied that the light was red for him and green for plaintiff. Rather, he claimed, plaintiff ran the red light, and the accident was completely and totally caused by plaintiff’s own negligence.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Chrissie S. Klapakis vs. Joshua B. Pedersen
Case Number --020900268
Court/Judge --3rd District/Frederick
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Phillip W. Dyer and Jeff C. Herring of the Law Office of Phillip W. Dyer
Attorney(s) - Defense --William A. Stegall and Leonard E. McGee of Stegall & Associates
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff stopped for traffic congestion ahead on eastbound 3300 South near 1200 East.
Defendant claimed plaintiff’s injuries were caused by the negligence of third parties over whose actions defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Jason Frome vs. Todd Thomas
Case Number --010904918
Court/Judge --3rd District/Bohling
Verdict/Settlement --Verdict, 1/04
Amount --The court granted defendant’s motion and dismissed this case with prejudice.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Keith L. Barton, C. Danny Frazier, J. Craig Swapp and Roger W. Griffin of Gregory, Barton & Swapp (withdrew 12/13/01)
Attorney(s) - Defense --William A. Stegall of Stegall & Associates
Damages --Plaintiff claimed $4,843.98 in past medical expenses, as well as unspecified future medical expenses and past and future lost wages.
Facts/Contentions --Plaintiff was southbound on 1510 West near the 9100 South intersection. Plaintiff claimed defendant ran a stop sign at the exit from the Shopko parking lot, pulled out into 1510 West in an attempt to make a left turn, and collided with the front of plaintiff’s vehicle.
Defendant admitted that the accident occurred, but claimed it was caused by the negligence of third parties over whose actions defendant had no control.
After plaintiff’s attorneys withdrew, defendant filed a motion to compel plaintiff to respond to defendant’s interrogatories, and the court ordered plaintiff to respond within 15 days. When plaintiff failed to respond, defendant moved the court to dismiss the case with prejudice as a sanction for plaintiff’s failure to comply with the court’s order.

PERSONAL INJURY
Case Type --DB; Dog-bite
Case Name --T. Gus Stribakos vs. Walter Boyd
Case Number --010905271
Court/Judge --3rd District/Nehring; then Quinn
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered severe bite injuries which required seven hours of treatment in the hospital emergency room. He suffered torn flesh, punctured blood vessels and permanent large scars on his face and neck which make it difficult for him to shave.
Attorney(s) - Plaintiff --Samuel D. McVey of Kirton & McConkie
Attorney(s) - Defense --John M. Chipman of Nelson, Chipman, Quigley & Hansen
Damages --Plaintiff claimed combined special damages of $750,000 and sought punitive damages for what he claimed was defendant’s willful and reckless indifference to plaintiff’s well-being.
Facts/Contentions --Plaintiff had been attending an exhibit in Sandy, and was walking through the parking lot while leaving to go home. While passing through the parking lot, he claimed, he noticed an Akita dog tied to a tree by a long leash. Plaintiff claimed that as the dog approached plaintiff and plaintiff put his hand down for the dog to sniff, the dog suddenly leaped at plaintiff and clamped its powerful jaws around plaintiff’s face and throat. The dog knocked plaintiff down while keeping its jaws clamped on plaintiff’s neck, and plaintiff said he feared he was going to die because he could not breathe. The dog finally loosened its grip, and some bystanders rendered first aid and called an ambulance, which took plaintiff to the hospital. Plaintiff claimed defendant, who owned the dog, should not have left it alone in a situation where it could attack people. Plaintiff claimed defendant had been cited within the month preceding this incident because the same dog bit someone else. Plaintiff claimed that immediately after the accident, defendant admitted that he knew the dog was aggressive and stated that he had brought it to the exhibit to “socialize;” plaintiff argued that such an admission combined with defendant’s failure to exercise close supervision over the dog constituted willful and reckless indifference to the safety and well-being of others.
Defendant disputed the punitive damages claim, contending that his actions were not willfully malicious or reckless. Defendant also claimed the accident was caused by plaintiff’s negligence. Defendant claimed the dog was not left alone at the time of the attack, as plaintiff’s older teenage son was present. Plaintiff responded that the son was present at the time of the earlier bite and failed to control the dog then, and so should not have been counted on to control it at the time of this bite.
Defendant moved the court to bifurcate the punitive damages claim from the claim for special and general damages. The court denied the motion to bifurcate and granted a motion by plaintiff to compel defendant to disclose evidence of defendant’s wealth in accordance with plaintiff’s discovery demands. Defendant moved for a verdict of partial summary judgment to dismiss the punitive damages claim. The court denied the motion, concluding that there was sufficient evidence for the matter to go to a jury on the issue of punitive damages.

PERSONAL INJURY
Case Type --AA, BA, WA; Work-related automobile/bus accident
Case Name --Bertha LePlat and Mauricio Guzman vs. Lewis Brothers Stages, Incorporated; Gary Allred; and Does 1 through 10
Case Number --010909651
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiffs suffered unspecified injuries; they both claimed permanent impairment.
Attorney(s) - Plaintiff --David S. Pace and Nathan D. Pace of Pace & Hughes
Attorney(s) - Defense --Shawn McGarry of Kipp & Christian
Expert Witness(es) - Plaintiff --Plaintiffs designated Bruce J. Haggart, DC; Jeffrey G. Hanks, DC; Todd Singleton, DC; Robert K. Rothfeder, MD; A. Lee Bahr, MD; Steven T. Hunt, MD; Kirk M. Gilmore, MD; W. Edward Hildebrand, MD; and Robert R. Greenlee, MD.
Expert Witness(es) - Defense --Defendants designated Jayne Clark, MD.
Damages --Plaintiff Bertha LePlat claimed $10,958.14 in combined special damages; plaintiff Mauricio Guzman claimed $3,553.50 in combined special damages.
Facts/Contentions --Plaintiffs claimed defendant Allred, who was in the course and scope of his employment with defendant Lewis Brothers and was driving a bus owned and operated by defendant Lewis Brothers, negligently collided with plaintiffs’ parked vehicle on 800 South at about 526 West. Plaintiffs named defendant Lewis Brothers under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of an employee who was acting within the course and scope of his employment at the time he caused the damages. The Doe defendants were named as having possibly contributed to the causes of the accident.
Defendants admitted that the collision occurred, but denied acting negligently and claimed the accident was caused by the negligence of third parties over whose actions these defendants had no control.

PERSONAL INJURY
Case Type --AA, PA; Automobile/pedestrian accident
Case Name --Vanja Vesic vs. Kara Christensen
Case Number --020910006
Court/Judge --3rd District/Dever
Verdict/Settlement --Jury verdict, 1/04
Amount --This case was mediated unsuccessfully, and proceeded to a jury trial on January 5th and 6th. The jury, which was out for three hours, found that defendant was not negligent and returned a verdict of no cause of action.
Injuries --Plaintiff suffered unspecified injuries, including but not limited to leg injuries.
Attorney(s) - Plaintiff --Dustin Lance and Samuel Adams, then Darren A. Davis, of Siegfried & Jensen
Attorney(s) - Defense --Joseph E. Minnock and Mitchel T. Rice of Morgan, Minnock, Rice & James
Damages --The parties stipulated to the fact that plaintiff incurred $4,594.56 in past medical expenses; plaintiff also claimed unspecified future medical expenses.
Facts/Contentions --Plaintiff claimed she was attempting to walk to her car in the Hillcrest High School parking lot when defendant failed to maintain a proper lookout and struck plaintiff, knocking her up onto the windshield of defendant’s car; plaintiff said she then fell to the ground. Plaintiff claimed defendant and her passenger giggled at plaintiff after striking her and told her to move out of the way of oncoming traffic after she was hit; plaintiff said she got up, tried to walk a few steps, and fell down again immediately because she was in pain.
Defendant admitted that plaintiff came into contact with defendant’s car after defendant entered the travel-way from behind a school bus. However, defendant contended that plaintiff was negligent to a greater extent than defendant, since plaintiff walked out from behind the bus into the roadway, where she did not have the right of way, without looking to see if the way was clear; defendant claimed plaintiff was speaking on a cellular phone at the time of the accident. Defendant claimed that she had just stopped her vehicle for several pedestrians at the nearby crosswalk before pulling out into the travel-way, and she was still in first gear and was not going faster than about 5 miles an hour; she claimed plaintiff was not walking in the cross-walk at the time of the accident. Defendant further claimed plaintiff was not actually struck by the car, but instead walked into the side of it. Defendant argued that these conditions added up to negligence on plaintiff’s part that exceeded defendant’s negligence, and plaintiff’s claim should therefore be barred. Defendant denied giggling and claimed she told plaintiff not to get up or to try to move until the ambulance came, but plaintiff got up anyway and tried to walk over to the sidewalk.
No citations were issued at the scene. Defendant’s passenger corroborated defendant’s statements. Plaintiff, defendant and passenger all attended the school.
Legal Issues --Defendant filed a motion in limine to exclude plaintiff’s statements about defendant allegedly giggling and telling plaintiff to get up after plaintiff was hit from the evidence given at trial on grounds that even if it was not true, such evidence could prejudice the jury to punish defendant. Defendant also sought to exclude evidence about defendant’s driving record. Plaintiff opposed the motion and argued that defendant was involved in another parking lot accident, where she struck another vehicle, two months after this accident. Plaintiff argued that this second accident, combined with defendant’s two previous citations for speeding, demonstrated defendant’s careless driving habits and should go to the jury, as should defendant’s behavior immediately after the accident, which showed she was not a sympathetic or concerned driver. The court did not rule on the motion before the case proceeded to trial; however, jury instructions given reflected the fact that the standard of care in Utah requires a driver to yield the right of way to a pedestrian, whether crossing the road in a marked cross-walk or not. The jury was instructed that the standard of care also requires that a pedestrian must not dart suddenly out into traffic without looking first to make sure the way is clear. If a pedestrian is crossing anywhere other than at a marked cross-walk, the pedestrian is required to yield to any vehicle which is close enough to constitute an immediate hazard. The amount of caution required from both driver and pedestrian increases with conditions such as bad weather, darkness, or obstructions to vision, among others. Jury instructions given also reflected the fact that a person may be making a statement of fact or merely giving an opinion when stating that something happened; the court instructed the jury that its job was to determine whether a given witness statement was a statement of fact or a statement of opinion.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Addie Whiteman vs. Alycia Wilkins
Case Number --020908909
Court/Judge --3rd District/Peuler
Verdict/Settlement --Verdict, 1/04
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 --Nathan N. Jardine of Nathan N. Jardine & 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 the back seat of a vehicle driven by defendant, which was southbound on State Street. Plaintiff claimed that as their car drove through the 500 South intersection, a northbound car attempted to turn left onto 500 South and struck the vehicle in which plaintiff was riding. Plaintiff claimed the accident occurred because defendant was not paying attention to her driving.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Majed Shamata vs. Sara Martinez
Case Number --020912584
Court/Judge --3rd District/Fratto
Verdict/Settlement --Verdict, 1/04
Amount --Pursuant to defendant’s motion and in the absence of any objection or response by plaintiff, the court dismissed this case with prejudice.
Injuries --Plaintiff suffered unspecified injuries and claimed scarring and permanent impairment.
Attorney(s) - Plaintiff --James R. Boud and Troy K. Walker of Braunberger, Boud & Draper (withdrew after expert witnesses were designated)
Attorney(s) - Defense --Kirk G. Gibbs and Margaret R. Wakeham of Kipp & Christian
Damages --Plaintiff claimed unspecified past and future medical expenses.
Expert Witness(es) - Plaintiff -- Plaintiff designated Ronald Lopez, MD and James Woessner, MD--treating physicians.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle as plaintiff pulled into his driveway from eastbound 8280 South at approximately 788 East. Plaintiff claimed the accident occurred in a posted school zone, and defendant was driving too fast.
Defendant denied speeding and claimed plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant had no control.
After plaintiff’s counsel withdrew, defendant served plaintiff with notice to appear in person or appoint new counsel. When plaintiff failed to comply, defendant moved to strike plaintiff’s complaint and dismiss the case. Plaintiff did not object or respond to the motion.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Dauna M. Jones vs. Werner Enterprises and Danny Landers
Case Number --020913920
Court/Judge --3rd District/Peuler
Verdict/Settlement --Verdict, 1/04
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 multiple soft tissue injuries, neck injuries, and cervical spinal injuries. Plaintiff claimed permanent impairment.
Attorney(s) - Plaintiff --J. Ray Barrios
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed $3,000 in past medical expenses and $3,000 in future medical expenses. She claimed unspecified past and future lost wages and sought combined total damages of $50,000.
Facts/Contentions --Plaintiff was stopped at a red light, waiting to turn right onto the southbound on-ramp of I-15 from Hill Field Road. She claimed a tractor-trailer driven by defendant Landers, who was in the course and scope of his employment with defendant Werner, turned right onto the on-ramp from the middle lane and ran over plaintiff’s Honda Acord, dragging the car along under the trailer. Plaintiff named defendant Werner Enterprises as the owner/operator of the truck and also under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of its employee who was in the course and scope of his or her employment with the employer at the time the damages occurred.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Craig R. Mariger vs. Lester C. Johnson and Palace Meat Company
Case Number --020912937
Court/Judge --3rd District/Peuler
Verdict/Settlement --Verdict, 1/04
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 neck pain at the scene, and was taken to a local hospital by ambulance. He later discovered that the accident had aggravated a pre-existing injury, causing headaches, dizziness, leg weakness and visual disturbances.
Attorney(s) - Plaintiff --Plaintiff was represented pro se.
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was stopped for a red light at the 3900 South intersection in the left southbound lane of 700 East. Plaintiff claimed defendant Johnson, who was in the course and scope of his employment with defendant Palace Meat, rear-ended plaintiff’s car. Plaintiff claimed defendant Johnson took his eyes off the road to check a delivery list and failed to see that traffic ahead had stopped. Plaintiff named defendant Palace Meat as the owner/operator of the truck and also under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of its employee who was in the course and scope of his or her employment with the employer at the time the damages occurred.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Richard Woodruff and Emily Davies vs. Heidi Simper and Does 1 through 10
Case Number --02091276
Court/Judge --3rd District/Reese
Verdict/Settlement --Settlement, 1/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff Richard Woodruff suffered head, neck and back injuries, a right shoulder fracture, and chest pain and contusions. He experienced headaches and difficulty sleeping after the accident. Plaintiff Emily Davies suffered head, neck and back injuries; she experienced left shoulder pain and chest pain after the accident.
Attorney(s) - Plaintiff --William W. Rawlings of the Law Offices of William W. Rawlings
Attorney(s) - Defense --Stephen J. Trayner of Strong & Hanni
Damages --Both plaintiffs claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff Richard Woodruff was northbound on 5500 South near Redwood Road, with plaintiff Emily Davies as his passenger. Plaintiffs claimed defendant Simper rear-ended plaintiffs’ vehicle.
Defendant Simper admitted that the accident occurred and admitted being negligent, but denied acting recklessly. She claimed that the accident was caused by the negligence of third parties over whom defendant Simper had no control.

PERSONAL INJURY
Case Type --SF, WA; Work-related fall
Case Name --David Dean Anesi vs. Marilyn Neilson
Case Number --020906338
Court/Judge --3rd District/Peuler
Verdict/Settlement --Verdict, 2/04
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 a concussion; a fractured elbow; and ear damage. He claimed permanent impairment and scarring.
Attorney(s) - Plaintiff --Plaintiff was represented pro se.
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was self-employed as a landscaper and gardner. He stated that he was employed by defendant to work on her yard, and that part of the work included trimming an 18' tennis court hedge. Plaintiff claimed that the ladder defendant provided him for his work in trimming the hedge was not in good repair, with the result that plaintiff fell 12' to the ground when the ladder collapsed.

PERSONAL INJURY
Case Type --MS, NE, WA; Miscellaneous work-related negligence claim
Case Name --Cecilia Adelhart vs. Southwest Airlines Company
Case Number --020906413
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 2/04
Amount --This case settled for an undisclosed amount. The case was mediated.
Injuries --Plaintiff suffered unspecified injuries and claimed serious permanent impairment.
Attorney(s) - Plaintiff --L. Rich Humpherys and George W. Burbidge II of Christensen & Jensen
Attorney(s) - Defense --Roger H. Bullock and Peter H. Barlow of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and household services; she also claimed she will need ongoing care for the remainder of her life, since she requires assistance with most of the activities of daily living.
Facts/Contentions --Plaintiff claimed she was injured through the negligence and carelessness of an employee of defendant Southwest. Plaintiff named defendant Southwest under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by the negligence of an employee who was in the course and scope of his or her employment with that employer at the time he or she negligently caused the damages.
Defendant admitted that its employee was wheeling plaintiff up the jetway when the wheels of plaintiff’s wheelchair caught on the metal plate where the moving part of the jetway joins the stable part of the jetway, with the result that plaintiff slid out of the wheelchair and landed on her back. Defendant claimed paramedics were called and medical care was offered, but plaintiff declined further medical assistance at the time, and no visible injuries were noted. Defendant denied that its employee was negligent or careless in any particular. Defendant claimed plaintiff’s injuries were caused or worsened by plaintiff’s own negligence in refusing medical assistance. Alternatively, defendant claimed plaintiff’s injuries were pre-existing or were caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Mark Corsi vs. Tyson Ricks
Case Number --020907589
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 2/04
Amount --This case settled for an undisclosed amount. Early offer of judgment by defendant (not accepted by plaintiff): $5,000 less $3,000 previously received by plaintiff from his no-fault insurance carrier, for a total of $2,000 “new money.”
Injuries --Plaintiff suffered cervical, mid- and low back and left shoulder soft tissue injuries. He began experiencing tingling and numbness in two of the fingers on his left hand some time after the accident. Dr. Grange awarded plaintiff a 6% whole-person impairment rating, of which 3%, or half, was related to injuries suffered in the accident.
Attorney(s) - Plaintiff --Samuel Adams and Dustin Lance, then Brock Van de Kamp, of Siegfried & Jensen
Attorney(s) - Defense --John Clyde Hansen, then Warren F. Wadsworth, of Petersen & Hansen
Expert Witness(es) - Plaintiff --Plaintiff designated Tim S. Grange, MD--physical medicine and rehabilitation specialist, as well as plaintiff’s treating physicians and physical therapist.
Expert Witness(es) - Defense --Defendant designated John P. Barbuto, MD--neurologist.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff’s vehicle when plaintiff stopped for traffic ahead on northbound I-15 at about 12100 South.
Defendant admitted that the accident took place, but denied negligence, claiming plaintiff’s injuries were caused by plaintiff’s own negligence.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Rene Miranda; and Maria Miranda vs. Gregory Benson
Case Number --020914603
Court/Judge --3rd District/Frederick
Verdict/Settlement --Settlement, 2/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiffs suffered unspecified serious injuries.
Attorney(s) - Plaintiff --Brock Van de Kamp and Samuel Adams of Siegfried & Jensen
Attorney(s) - Defense --Joseph J. Joyce and Kristin A. VanOrman of Strong & Hanni
Damages --Plaintiffs claimed unspecified past and future medical expenses and past lost wages.
Facts/Contentions --Plaintiffs were southbound on 700 East. They claimed defendant, who had been stopped at the red light on westbound 1700 South, suddenly ran the red light and struck plaintiffs’ vehicle.
Defendant admitted that the accident occurred, but denied that the light was red when he entered the intersection and claimed plaintiffs’ injuries were caused by their own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiffs failed to meet the $3,000 threshold for special damages required under Utah law before an injured plaintiff may sue.

PERSONAL INJURY
Case Type --PL, MS, CX; Product liability, miscellaneous, cross-claim
Case Name --Jack Soupanya vs. Weider Nutrition International, Incorporated; and 24-Hour Fitness USA dba 24-Hour Fitness
Case Number --020905674
Court/Judge --3rd District/Hanson
Verdict/Settlement --Settlement, 2/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered two strokes six months apart. He claimed permanent impairment.
Attorney(s) - Plaintiff --Ron J. Cramer of Raty & Cramer
Attorney(s) - Defense --For defendant Weider Nutrition International: John A. Anderson, D. Matthew Moscon and David J. Williams of Stoel Rives; for defendant 24-Hour Fitness: Michael P. Zaccheo and Brian C. Webber of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages; he also sought punitive damages for what he claimed was defendants’ willful and reckless disregard of the risk at which they were placing him by recommending that he consume defendants’ products.
Facts/Contentions --Plaintiff was a member at 24-Hour Fitness and regularly visited its premises to work out. During the first part of 2001, he claimed, an employee of 24-Hour Fitness recommended that plaintiff consume a product called “Ripped Force” before and during his workouts; plaintiff said he purchased a case of the product. Plaintiff claimed the product was designed, manufactured, distributed and sold by defendants Weider and 24-Hour Fitness as a “hyper-thermogenic performance drink.” Plaintiff claimed the product contained ephedra, also known as ma huang, and guarana, which contains caffeine; the action of ma huang is similar to that of amphetamine. Plaintiff further claimed the trainer at 24-Hour fitness also recommended that 30 minutes before each workout plaintiff consume another product called “Speed Stack,” which contained even more ephedra than “Ripped Force.” Plaintiff claimed this drink was also manufactured and sold by defendants Weider and 24-Hour Fitness. Plaintiff claimed defendants told plaintiff these drinks would increase his endurance, fight fatigue, improve reaction time, increase fat oxidation and speed weight loss. Shortly after consuming the products as recommended and working out, plaintiff claimed, he became unable to see out of his right eye. He was taken to an emergency room for treatment and was diagnosed as having suffered a stroke. Plaintiff said he stopped taking the supplements for six months, but then drank a “Speed Stack” as directed before beginning his regular workout because his trainer told him the product had not caused his stroke and he should continue to use it. Plaintiff said he began feeling weak immediately after the workout and sought medical attention at an emergency room, where he was diagnosed as having suffered another stroke. Plaintiff said his doctors told him the strokes were most likely caused by the ephedra and he should stop taking the products containing it. Plaintiff claimed defendants knew or should have known that the ephedra he was consuming in the drinks defendants sold plaintiff was unreasonably dangerous and was putting plaintiff at risk for strokes.
Defendant 24-Hour Fitness admitted that the two products in question were sold at defendant 24-Hour Fitness’ facility, but denied negligence, claiming plaintiff’s injuries were caused by his own negligence or that of third parties, including but not limited to defendant Weider, over whom defendant 24-Hour Fitness had no control. Defendant 24-Hour Fitness also claimed plaintiff’s injuries resulted from independent, unforeseeable, superseding and/or intervening causes or from an idiosyncratic reaction on plaintiff’s part unrelated to any conduct of defendant 24-Hour Fitness. Defendant 24-Hour Fitness claimed the products it supplied to plaintiff were not unreasonably dangerous as evaluated per current scientific, medical and technological knowledge at the time, and defendant 24-Hour Fitness therefore did not have any duty to warn plaintiff of any risks or potential side effects associated with use of the products. Defendant 24-Hour Fitness claimed plaintiff’s use of the products did not place him at any significant risk over and above his prior risk. Defendant 24-Hour Fitness filed a cross-claim against defendant Weider.
Defendant Weider admitted manufacturing and selling the products in question, but denied liability, claiming that the products were properly designed and manufactured and were accompanied by adequate warnings, so that defendant Weider should not be held liable for any of plaintiff’s injuries. Defendant Weider claimed plaintiff assumed the risk inherent in this type of product when he agreed to consume the product, and his injuries were therefore caused by his own negligence. Alternatively, defendant Weider claimed plaintiff’s injuries were caused by pre-existing medical conditions, by an idiosyncratic reaction on plaintiff’s part, or by the negligence of third parties, including but not limited to defendant 24-Hour Fitness, over whom defendant Weider had no control.

PERSONAL INJURY
Case Type --AA, TA; Automobile/truck accident
Case Name --Carol Ann Sterzer vs. Richard L. Bills
Case Number --010900407
Court/Judge --3rd District/Stirba; then Burton; then Fratto
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found defendant and plaintiff each 50% negligent. In cases where defendant is not found to be 51% or more negligent, plaintiff may not recover damages; therefore the court entered a verdict of no cause of action and dismissed plaintiff’s case.
Injuries --Plaintiff suffered soft tissue injuries and claimed ongoing severe headaches, neckaches and numbness in her arms, with the left arm more numb than the right. She also experienced some cognitive difficulties with speech and spelling of words. Two of her treating physicians stated that she displayed some symptoms which were consistent with post-concussive syndrome or closed head injury and other symptoms which were consistent with cervical radiculopathy. Plaintiff claimed the accident rendered her introverted where she was once outgoing and sociable; she also claimed the accident left her with a sensitivity to loud noises and an inability to tolerate being around large groups of people.
Attorney(s) - Plaintiff --Steven W. Call of Ray, Quinney & Nebeker
Attorney(s) - Defense --J. Angus Edwards of Jones, Waldo, Holbrook & McDonough
Expert Witness(es) - Plaintiff --Diana D. Banks, MD--treating physician; plaintiff also designated Craig S. McQuarrie--economic expert; however, defendant objected to this designation on grounds that it was not timely and this witness did not testify at trial.
Expert Witness(es) - Defense --Defendant designated David Beaufort of Beaufort Consulting--professional traffic operations engineer and biomechanics expert; however, this witness did not testify at trial.
Damages --Plaintiff claimed past property damages on her car in the amount of $2,259.34, as well as past medical expenses of over $8,200, past lost wages of $13,820 and unspecified future medical expenses and lost wages. Plaintiff sought $40,000 in general damages.
Facts/Contentions --Plaintiff was westbound on 3500 South and drove into the intersection at 2200 West on a yellow light. Plaintiff claimed defendant, driving eastbound on 3500 South in a vehicle that had a large snowplow hitched to the front, attempted to make an improper left turn onto northbound 2200 West from the left-turn lane of eastbound 3500 South and struck plaintiff’s vehicle. Plaintiff claimed defendant was cited at the scene for failure to yield the right of way. Plaintiff claimed defendant was also cited at the scene for driving without a registration and for a seatbelt violation.
Defendant claimed plaintiff failed to file suit within four years of the accident as required by Utah law. Defendant also claimed plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant had no control. Defendant claimed plaintiff was speeding when she entered the intersection and should not have tried to beat the yellow light.
Plaintiff denied speeding and moved for summary judgment on the issue of liability; the court denied the motion.

PERSONAL INJURY
Case Type --AA, WA, OC; Work-related automobile accident, ongoing case
Case Name --Mohamed Mohamed vs. West Valley City; and Christopher Dean Kishiyama
Case Number --020905600
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 3/04
Amount --The court granted defendant West Valley City’s motion for summary judgment and dismissed plaintiff’s claim against the city. Since the City did not represent defendant Kishiyama and he was served with notice of the action by publication, the court awaited defendant Kishiyama’s response. Defendant Kishiyama filed a response seven days after the court dismissed defendant West Valley City from the action.
Injuries --Plaintiff suffered unspecified injuries and complained of ongoing back pain.
Attorney(s) - Plaintiff --Candice Ragsdale-Pollock
Attorney(s) - Defense --Allan L. Larson and Harry H. Souvall of Snow, Christensen & Martineau
Damages --Plaintiff claimed $3,762 in past medical expenses, $270 in court and publication costs and $3,200 in past lost wages, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff was driving a Yellow Cab and was eastbound on 600 South. Plaintiff claimed defendant Kishiyama, a West Valley City Police officer who was driving a vehicle owned by defendant West Valley City, rear-ended plaintiff’s vehicle when plaintiff stopped for a red light at the 300 West intersection. Plaintiff claimed defendant Kishiyama continued east on 600 South when the light turned green and did not stop at or return to the scene of the accident. Plaintiff claimed defendant Kishiyama was convicted of a hit and run in Third District Court. Plaintiff named defendant West Valley City under the doctrine of respondeat superior, which states that an employer is responsible for damages caused by an employee who was in the course and scope of his or her employment with that employer at the time the damages were caused.
Defendant West Valley City denied liability and claimed the accident was not caused by defendant West Valley City’s negligence, if any.
Defendant West Valley City moved to for summary judgment on grounds that plaintiff’s claim was not timely filed. Defendant West Valley city also claimed plaintiff failed to comply with the requirements of the Governmental Immunity Act by filing a timely notice of the claim with the West Valley City Recorder. Defendant West Valley City also claimed plaintiff failed to allege either fraud or malice on the part of defendant Kishiyama as required by the Governmental Immunity Act.
Plaintiff argued that he filed his claim one day before the statute of limitations would have run. Plaintiff further claimed that though his complaint against defendant Kishiyama did not contain the word “malice,” the word could be inferred from his complaint by the fact that plaintiff stated that defendant Kishiyama was convicted of a hit and run.
Defendant Kishiyama admitted that the accident occurred, but claimed plaintiffs’ injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant Kishiyama had no control. Defendant Kishiyama claimed immunity under the Governmental Immunity Act, contending that the facts of the case proved he did not act and could not have been supposed to have acted with fraudulent or malicious intent. Defendant Kishiyama also claimed the Third District Court lacked jurisdiction over him.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Susan Gourdin vs. Jody J. Lockhart
Case Number --020905128
Court/Judge --3rd District/Nehring; then Quinn
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found that the defendant was negligent; however, the jury found the defendant’s negligence was not the proximate cause of plaintiff’s injuries. The court therefore dismissed plaintiff’s claim and awarded costs to defendant, since plaintiff did not accept defendant’s earlier offer of judgment and failed to win an award greater than the amount offered. Early offer of judgment by defendant (withdrawn after four days): $40,000 including all costs, interest and fees. Offer of judgment (not accepted): $25,000 including all costs, interest and fees.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment. She complained of low back pain radiating into her legs following the accident.
Attorney(s) - Plaintiff --Edward W. McBride, later of Otto & McBride
Attorney(s) - Defense --Richard K. Glauser of Smith & Glauser
Expert Witness(es) - Defense --Newell Knight--accident reconstructionist; Michael Chung, MD--independent medical examination physician; Patrick Leurs, MD--independent radiology record evaluation physician
Damages --Plaintiff claimed $7,000 in past medical expenses and $30,000 to $45,000 in future medical expenses, as well as unspecified past and future loss of household services. Plaintiff sought $50,000 in combined special damages.
Facts/Contentions --Plaintiff was a passenger in a vehicle which was stopped for a red light on northbound 900 East at the 7231 South intersection. Plaintiff claimed defendant rear-ended plaintiff’s vehicle.
Defendant admitted that the accident occurred, but denied negligence and claimed plaintiff’s injuries were caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA, TA; Automobile/pick-up truck accident
Case Name --Carla Crews vs. Joseph Hyder
Case Number --020900107
Court/Judge --3rd District/Livingston; then Hilder
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found defendant was negligent and his negligence was the proximate cause of plaintiff’s injuries. The jury awarded plaintiff $5,215 in past medical expenses $4,035 in accrued interest and costs, and $250 in general damages. In accordance with the jury’s verdict, the court entered judgment against defendant in the amount of $9,500.
Injuries --Plaintiff suffered unspecified injuries and underwent discectomy surgery and a bilateral TMJ arthroplasty.
Attorney(s) - Plaintiff --Michael E. Day of Day, Shell & Liljenquist
Attorney(s) - Defense --Joseph E. Minnock of Morgan, Meyer & Rice; then of Morgan, Minnock & Rice
Expert Witness(es) - Plaintiff --Dr. Leo Vaun Mikesell; Dr. Walter Reichert
Expert Witness(es) - Defense --Dr. John P. Barbuto--neurologist
Damages --Plaintiff claimed $63,766.85 in past medical expenses, as well as unspecified future medical expenses and past and future lost wages. Defendant sought to exclude evidence of medical expenses written off by plaintiff’s medical providers in accordance with the Medicaid program. The parties agreed in a pre-trial stipulation that no reference would be made in trial to plaintiff’s being on Medicaid unless plaintiff claimed in trial that she was unable to pay for medical care after 8/4/99, and plaintiff agreed not to claim amounts written off by her medical providers due to arrangements with Medicaid.
Facts/Contentions --Plaintiff was westbound on 4700 South in Taylorsville. Plaintiff claimed defendant pulled into 4700 South from an apartment complex at approximately 1540 West in an attempt to make a left turn into plaintiff’s lane of travel and collided with plaintiff’s vehicle.
Defendant claimed plaintiff’s injuries were caused by plaintiff’s own negligence. Defendant pointed out that plaintiff was involved in four traffic accidents during the two-year period before this one and one accident afterward; defendant argued that plaintiff deliberately litigated these claims to permit her to claim that each successive action was entirely responsible for her injuries.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Russell K. Gardner vs. Esker Palmer and Does 1 through 10
Case Number --010906097
Court/Judge --3rd District/Dever
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found plaintiff 5% negligent and defendant 95% negligent. The jury found defendant’s negligence was the proximate cause of plaintiff’s injuries; however, the jury found plaintiff was not permanently impaired and incurred special damages of only $2,800 for the medical treatment he received. Since plaintiff’s special damages did not reach the $3,000 threshold required by Utah law before an injured plaintiff may recover damages in court, the judge dismissed plaintiff’s claim and awarded costs to defendant in an amount to be determined by the court at a later date.
Injuries --Plaintiff suffered injuries to his neck and back; he claimed permanent impairment.
Attorney(s) - Plaintiff --R. Phil Ivie and George L. Chingas of Ivie & Young, Provo
Attorney(s) - Defense --Joseph J. Joyce and Kristin A. VanOrman of Strong & Hanni
Damages --Plaintiff claimed medical expenses of over $3,000.
Facts/Contentions --Plaintiff was eastbound on Kearns Boulevard in Park City. Plaintiff claimed defendant Palmer negligently collided with plaintiff’s vehicle. The Doe defendants were named as having possibly contributed to the cause of the accident.
Defendant Palmer claimed plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant Palmer had no control. Defendant Palmer also claimed that plaintiff failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Gerald Vaughn vs. Darin Anderson
Case Number --010908321
Court/Judge --3rd District/Livingston; then Hilder
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found defendant’s negligence was a proximate cause of plaintiff’s injuries. However, the jury found plaintiff did not suffer a permanent impairment and did not incur past medical expenses of over $3,000 as a result of the accident. Since plaintiff’s special damages did not reach the $3,000 threshold required by Utah law before an injured plaintiff may recover damages in court, the judge dismissed plaintiff’s claim and awarded costs to defendant in an amount to be determined by the court at a later date.
Injuries --Plaintiff suffered injury to his arm, shoulder, knees and stomach; he claimed permanent impairment.
Attorney(s) - Plaintiff --Mark C. McLachlan of Mark C. McLachlan & Associates and Matthew H. Raty of Raty & Kramer
Attorney(s) - Defense --Joseph J. Joyce and Kristin A. VanOrman of Strong & Hanni
Expert Witness(es) - Plaintiff --Dr. Robert K. Rothfeder
Expert Witness(es) - Defense --Dr. Scott Knorpp; E. Paul France, PhD
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was southbound on State Street at about 4346 South. Plaintiff claimed defendant, who was also southbound on State Street and was talking on a cell phone, rear-ended plaintiff’s vehicle.
Defendant admitted that the accident occurred, but denied liability and claimed plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant had no control. Defendant also claimed that plaintiff failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue.
The parties stipulated to defendant’s liability in the accident before the case went to trial.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Trang Phan vs. Jose Rojo
Case Number --010910060
Court/Judge --3rd District/Bohling
Verdict/Settlement --Jury verdict, 2/04
Amount --The jury found defendant’s negligence was a proximate cause of plaintiff’s injuries. The jury awarded plaintiff $121 in lost wages, $3,035 in past medical expenses, and $3,500 in general damages, for a total verdict of $4,656. Defendant’s attorneys filed a motion requesting that the verdict be lowered by $3,000, claiming plaintiff was compensated in this amount by his own insurance carrier (PIP benefits). Plaintiff claimed entitlement to costs in the amount of $268.34.
Injuries --Plaintiff suffered neck and back injuries; she claimed permanent impairment.
Attorney(s) - Plaintiff --A. John Witkowski, then Barbara Townsend, of Michael F. Richman & Associates (withdrew); then Vinh K. Ly
Attorney(s) - Defense --Mark Dalton Dunn, then Michael L. Ford, of Victoria K. Kidman & Associates
Expert Witness(es) - Plaintiff --Dr. Bradley R. Peterson
Expert Witness(es) - Defense --Dr. Stephen R. Marble--independent medical examination physician
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was westbound in the right lane of SR 80. At .1 mile west of mile-post 114, plaintiff claimed, defendant, who was westbound in the middle lane of SR 80, negligently changed lanes in front of plaintiff, causing a collision. Plaintiff claimed defendant was cited for causing the accident.
Defendant claimed plaintiff’s injuries were pre-existing, or alternatively that if they were sustained in the accident, they were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant later stipulated to the fact that he did not intend to contest the issue of liability.

PERSONAL INJURY
Case Type --AA, PA; Automobile/pedestrian accident
Case Name --Susannah Chevara vs. Mindy Thatcher
Case Number --010902407
Court/Judge --3rd District/Nehring; then Peuler
Verdict/Settlement --Judgment on jury verdict, 2/04
Amount --The jury found defendant was not negligent. In accordance with the jury’s verdict, the court entered a verdict of no cause of action, dismissed plaintiff’s claim, and awarded defendant costs to be determined by the court at a later date.
Injuries --Plaintiff suffered multiple broken bones and contusions; she claimed permanent impairment.
Attorney(s) - Plaintiff --M. David Eckersley, Michael N. Zundel and James W. McConkie of Prince, Yeates & Geldzahler
Attorney(s) - Defense --Richard K. Glauser and Michael W. Wright of Smith & Glauser
Expert Witness(es) - Plaintiff --Dr. Daniel Horowitz; David Engebritsen--accident reconstructionist
Expert Witness(es) - Defense --Newell Knight--accident reconstructionist
Damages --Plaintiff claimed unspecified past and future medical expenses and past lost wages.
Facts/Contentions --Plaintiff claimed defendant failed to yield the right of way as plaintiff was crossing 1300 East in a crosswalk, with the result that defendant’s vehicle struck plaintiff.
Defendant claimed plaintiff’s injuries were caused by her own negligence, since plaintiff darted out in front of defendant so quickly that defendant had no time to stop or avoid hitting plaintiff.
Defendant moved for summary judgment; the court denied the motion. However, the court granted unopposed defense motions to deduct PIP benefits from any jury award and to prohibit plaintiff from presenting testimony on defendant’s automobile insurance.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Terry Forrester and Melissa Forrester vs. David Jensen
Court/Judge --3rd District
Verdict/Settlement --Settlement, 3/04
Amount --Plaintiff Terry Forrester received $41,000 in settlement proceeds, and plaintiff Melissa Forrester received $8,000. Both settlement payments were new money (over and above payments made to plaintiffs by their own insurance carrier. Defendant’s policy limits: $50,000. No settlement money was paid for the emotional distress claim brought on behalf of plaintiffs’ six-year-old son; plaintiffs’ attorney theorized that no payment was offered because the child never received medical treatment for his emotional trauma. “Because it wasn’t medically proved or documented, the insurer claimed it didn’t happen,” attorney Katz said.
Injuries --Plaintiff Terry Forrester suffered a head injury and was life-flighted to a hospital. Though the head injury was serious and gave his medical treatment providers cause for concern, it resolved well, and the only follow-up care he needed was some chiropractic treatment for headaches and neck-aches. Plaintiff Melissa Forrester suffered soft tissue neck and back injuries.
Attorney(s) - Plaintiff --Michael A. Katz of Siegfried & Jensen
Attorney(s) - Defense --This case was settled with an adjuster from State Farm Insurance, defendant’s insurance carrier.
Damages --Plaintiff both claimed unspecified past medical expenses and lost wages. Plaintiffs also asserted a claim for negligent infliction of emotional distress on behalf of their six-year-old son, who was in the car with them at the time of the accident and saw his parents physically injured but was not physically injured himself.
Facts/Contentions --Plaintiffs claimed defendant pulled out of a parking lot driveway and “T-boned” their vehicle as they were driving along a commercially developed street. Plaintiffs’ car was totaled in the accident.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Parker Moselle vs. Arthur H. Henderson
Case Number --030920044
Court/Judge --3rd District/Quinn
Verdict/Settlement --Settlement, 3/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Darren A. Davis of Siegfried & Jensen
Attorney(s) - Defense --Warren F. Wadsworth of Petersen & Hansen
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant negligently rear-ended plaintiff’s vehicle on eastbound 3300 South at about 200 East when traffic conditions changed.
Defendant claimed the accident was caused either by plaintiff’s own negligence or by persons or conditions beyond defendant’s control. Defendant also claimed plaintiff’s injuries, if any, were pre-existing.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Paul K. McGregor and Lisa McGregor vs. Sherman Osburne and Allstate Insurance Company
Case Number --030918935
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 3/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff Paul McGregor suffered soft-tissue back injuries at T12/L1, L4/5 and L5/S1; he claimed permanent impairment and stated that he believes he will need physical therapy and other medical treatment related to this injury for the rest of his life.
Attorney(s) - Plaintiff --William R. Hadley of Hadley & Hadley
Attorney(s) - Defense --For defendant Osburne: Kristin A. VanOrman and James D. Franckowiak of Strong & Hanni; for defendant Allstate: Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Defense --Dr. Stephen Marble performed an independent medical examination at the behest of defendant Allstate.
Damages --Plaintiff Paul McGregor claimed past medical expenses of over $7,000, as well as unspecified future medical expenses. Plaintiffs sought punitive damages from defendant Allstate for what they claimed was defendant Allstate’s willful, malicious and egregious behavior in denying benefits to plaintiffs.
Facts/Contentions --Plaintiff Paul McGregor claimed defendant Osburne negligently rear-ended plaintiff Paul McGregor’s vehicle, which had stopped for a red light on eastbound 1100 South at the 1000 East intersection. Plaintiff Paul McGregor stated that he was involved in an earlier automobile accident five months before this one; he said he received medical treatment for that accident, and the injuries he received in the earlier accident had completely resolved by the time he was involved in this accident. Plaintiff Paul McGregor stated that his last date of treatment was about four months before this accident, and his total medical expenses for the earlier accident were $1,700. Plaintiff Paul McGregor also stated that he was released from the Cottonwood Back and Orthopedic Therapy Clinic twenty days before he was involved in this accident; the clinic felt no further treatment was necessary for plaintiff Paul McGregor’s prior injuries.
Plaintiffs named defendant Allstate as their own insurance carrier, claiming that despite the evidence plaintiff Paul McGregor presented regarding the medical expenses he incurred as a result of this accident, defendant Allstate refused to pay all of his medical bills and only paid him $2,100 in personal injury protection (PIP) benefits instead of the $3,000 policy limit. Plaintiff Paul McGregor claimed that he was entitled to the policy limit because of the medical expenses he incurred after the accident. Plaintiffs claimed that as a result of defendant Allstate’s underpayment, defendant Osburne’s insurance carrier claimed plaintiff Paul McGregor had not met the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue. Plaintiff Paul McGregor claimed defendant Osburne’s insurance carrier therefore refused to settle. Plaintiffs claimed defendant Allstate breached its duty of good faith by refusing to pay further benefits. Plaintiffs further sought class action certification against defendant Allstate on grounds that its action in regard to plaintiff Paul McGregor’s benefits was not an isolated one; plaintiffs claimed that defendant Allstate routinely and in bad faith denies claims from injured insureds and takes the position that submitted medical bills from an insured should be regarded as suspect until proven otherwise.
Plaintiff Lisa McGregor sued defendant Osburne for loss of consortium.
Defendant Allstate relied for its defense on the opinion that resulted from the independent medical examination performed by Dr. Stephen Marble after this accident. Dr. Marble’s opinion was that plaintiff had suffered a hamstring injury while water-skiing a year before this accident and was left with chronic right sacroiliac joint dysfunction. Dr. Marble felt that part of this chronic joint dysfunction might also relate to the earlier motor vehicle accident. Dr. Marble felt that the joint dysfunction, though present before this accident, might have become symptomatic as a result of this accident, though it was not caused by the accident. Dr. Marble believed that no further treatment was needed because plaintiff Paul McGregor had reached maximum medical stability; plaintiff Paul McGregor objected to this finding and claimed he needed further medical care. Defendant Allstate asked Dr. Marble for two addendums after plaintiff Paul McGregor continued to press his claim. Plaintiffs claimed Dr. Marble’s charges alone totaled more than the additional $900 worth of medical bills plaintiffs submitted to defendant Allstate.
Defendant Allstate moved the court to strike or dismiss plaintiffs’ class action allegations an grounds that courts have consistently denied class action certification in cases involving insurers and claims similar to those asserted by plaintiffs in this case. Defendant Allstate cited eleven different court findings, including two from Utah’s Third District Court, in support of its motion. Defendant Allstate further moved the court to dismiss plaintiffs’ claim against defendant Allstate in its entirety, contending that under Utah law the use of an independent medical examiner to evaluate an insurance claim is entirely permissible. Defendant Allstate claimed plaintiffs failed to prove they suffered any tangible injuries as a result of defendant Allstate’s failure to pay PIP benefits for the full amount of their coverage; defendant Allstate therefore contended that plaintiffs’ claims against it for bad faith and punitive damages should be dismissed.
Defendant Osburne claimed plaintiffs failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue; defendant Osburne further claimed plaintiff Paul McGregor’s injuries were caused by his own negligence or that of third parties over whom defendant Osburne had no control.

PERSONAL INJURY
Case Type --SF, Slip/fall
Case Name --Richard Alexander vs. Smith’s Food and Drug and Pioneer Expert Cleaners
Case Number --030917089
Court/Judge --3rd District/Fratto
Verdict/Settlement --Verdict, 3/04
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 injuries to his hip, wrist, back, knees, ankles, neck and upper body. He claimed ongoing pain in his knees, ankles, neck, back and wrist.
Attorney(s) - Plaintiff --Rhett G. Lunceford of Smart, Schofield, Shorter & Lunceford
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff, a resident of Los Angeles, California, claimed he entered the premises of defendant Smith’s without knowing that defendant Smith’s had hired defendant Pioneer to clean the store’s floors. Plaintiff claimed no warning signs were posted to notify customers in the store that the floor was wet and slippery, ad there was no caution tape closing off the wet section of floor from foot traffic. Plaintiff stated that he slipped and fell on the wet floor and then slipped and fell again while he was trying to get up. Plaintiff claimed that the manager of the store indicated to another patron who also slipped and fell on the wet floor the same day that the manager was aware no warning signs, tape or cones were present, and that this was not an uncommon practice of defendant Pioneer. Plaintiff admitted that he signed an agreement with defendant Pioneer to set this claim aside; however, plaintiff claimed he was under extreme and undue stress at the time he signed the agreement; plaintiff claimed that because of the way his claim was handled, plaintiff was obliged to spend an undue amount of time in Utah and lost his California state housing funds.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Amanda L. Johnson vs. Michael V. Messer and Brady L. Butters
Case Number --030916712
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 3/04
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 unspecified injuries.
Attorney(s) - Plaintiff --Mel S. Martin and Edward T. Wells of the Law Office of Mel S. Martin
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed over $20,000 in unspecified special damages.
Facts/Contentions --Plaintiff claimed defendant Messer rear-ended plaintiff’s vehicle, which had stopped for traffic on 600 North about 400 feet west of 400 West; plaintiff claimed that immediately after defendant Messer’s vehicle struck plaintiff’s vehicle, defendant Butters rear-ended defendant Messer’s vehicle, causing it to strike plaintiff’s vehicle again.

PERSONAL INJURY
Case Type --WA; Work-related injury claim
Case Name --Savas Marquez Jr. vs. Kelly Temp Services for ICON International; and Does 1 through 50
Case Number --030913640
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 3/04
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 a shoulder injury which plaintiff claimed will require surgery ( Mumford’s procedure) and a lifetime of therapy.
Attorney(s) - Plaintiff --Plaintiff was represented pro se.
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed $1,500,000 in past and future medical expenses and $240,000 for past and future lost wages. Plaintiff claimed he and his family will require counseling for the emotional distress they suffered as a result of plaintiff’s injury; plaintiff sought $150,000 for these claims.
Facts/Contentions --Plaintiff claimed he was injured while working for defendant Kelly Temps at ICON International when a pallet of exercise equipment fell on top of him. Plaintiff claimed he is no longer able to work as a result of this accident. Plaintiff stated that he brought this claim only after he exhausted all other avenues and found it impossible to obtain relief “in an informal manner.

PERSONAL INJURY
Case Type --TA, MA; Truck/motorcycle accident
Case Name --Tony Bernstone vs. Ryan K. Hirschi
Case Number --030913114
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 3/04
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 his left leg and knee, including multiple lacerations and contusions of the left leg with tearing and avulsion of the nerves, muscles, ligaments and tendons in the leg. Plaintiff underwent surgery, but claimed his leg was permanently scarred, disfigured and stiffened, so that he has a permanent 23% loss of motion in the leg and knee. Plaintiff also suffered an anterior dislocation of the left clavicle. Plaintiff claimed he was permanently crippled by the accident.
Attorney(s) - Plaintiff --Russell S. Pietryga of Lokken & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed past medical expenses of $42,000, past lost wages of $7,600, and future medical expenses of $100,000; he sought $350,000 in general damages for pain and suffering. Plaintiff claimed he was unable to return to work for two months following the accident. Plaintiff also claimed $3,523 in property damages for his motorcycle, which was totally destroyed in the accident, and $630 for his clothing, which was also totally destroyed. Plaintiff further claimed that as a result of the accident, he was unable to use a Snowbird season pass which he had previously purchased for $720; plaintiff sought damages in this amount as well.
Facts/Contentions --Plaintiff, who worked as a full-time nurse at the University of Utah Medical Center, was driving his motorcycle in a northwest direction on Medical Drive near the 80 South intersection. Plaintiff claimed defendant, who was driving his Toyota pick-up truck southeast along 80 South, attempted to turn left across oncoming traffic and struck plaintiff’s motorcycle. Plaintiff claimed defendant was cited at the scene by investigating police.

PERSONAL INJURY
Case Type --AA, CX; Automobile accident, third-party claim
Case Name --Rudy Manchego vs. Sheila F. Bernard Sheila F. Bernard vs. Dorothy Manchego
Case Number --030912563
Court/Judge --3rd District/Medley
Verdict/Settlement --Bench verdict, 3/04
Amount --The court found that third-party defendant Dorothy Manchego was not immune from suit and entered judgment against her, ordering her to repay any and all benefits provided under Utah law to any person entitled to receive them under Utah law.
Injuries --Plaintiff suffered soft-tissue injuries to his neck, shoulders and upper back.
Attorney(s) - Plaintiff --David K. Smith
Attorney(s) - Defense --For defendant Bernard: Donald J. Winder of Winder & Haslam and Amy L. Butters, of counsel to Winder & Haslam
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by plaintiff’s mother, Dorothy Manchego; their vehicle was stopped at a red light at the I-215 off-ramp to eastbound 3500 South. Plaintiff claimed defendant rear-ended plaintiff’s vehicle.
Defendant claimed the accident was caused by the negligence of third parties over whom defendant had no control. Defendant filed a third-party claim against plaintiff’s mother, Dorothy Manchego, claiming that because third-party defendant Manchego did not have insurance on her vehicle at the time of the accident, third-party defendant Manchego should therefore be held responsible for any benefits paid to the plaintiff or to the third-party plaintiff. Defendant brought this action as a third-party suit rather than a cross-claim because, she stated, third-party defendant Dorothy Manchego was not named as a plaintiff in plaintiff Rudy Manchego’s claim.
Third-party defendant Dorothy Manchego did not answer or appear in relation to the third-party claim.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Charisse Phillips vs. Farmers Insurance Exchange
Case Number --020911489
Court/Judge --3rd District/Hanson
Verdict/Settlement --Bench verdict, 3/04
Amount --The court granted defendant’s motion for summary judgment and dismissed the plaintiff’s claim. Plaintiff is appealing the verdict.
Injuries --Plaintiff suffered a highly complex AO type C3.3 fracture of the distal tibia. She underwent two surgeries. She claimed she is permanently impaired and will need $12,240 worth of continuing physical therapy every year for many years to come.
Attorney(s) - Plaintiff --Kathleen McConkie of Wingo, Rinehart & McConkie; then Kathleen McConkie and Todd B. Nilsen of the Law Offices of Kathleen McConkie
Attorney(s) - Defense --Aaron Alma Nelson of Nelson, Chipman, Quigley & Hansen
Damages --Plaintiff claimed $39,035.98 in past medical expenses and several thousand dollars in future medical expenses.
Facts/Contentions --Plaintiff was riding in the passenger seat of a vehicle driven by her husband; plaintiff and her husband were insured by defendant Farmers. Plaintiff claimed a vehicle in the right lane of westbound I-80 came to a stop due to traffic congestion; plaintiff claimed her husband veered left to avoid a collision, but was unable to do so and struck the vehicle ahead of him, causing his own vehicle to roll. Plaintiff claimed that she should be entitled to underinsured motorist benefits as a named/family member under the terms of the policy, even though her husband’s negligence caused the accident.
Defendant moved for summary judgment, claiming that under the terms of the policy, and under Utah law, an insured may not collect underinsured motorist benefits for an accident where the insured was injured while riding in a vehicle covered by the liability clause of the policy. Plaintiff objected that this portion of Utah law was unfair because it prevented plaintiff from receiving full recovery of damages for her injuries and deprived her of the benefit she would otherwise have derived from paying underinsured motorist premiums.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Bear River Mutual Insurance Company vs. Scott R. Sloan
Case Number --030907640
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 3/04
Amount --The court entered judgment against defendant in the amount of $4,239.64, which included $110 in costs and $615.36 in accrued interest.
Injuries --Plaintiff’s insureds suffered unspecified injuries.
Attorney(s) - Plaintiff --Daniel O. Duffin and Thomas A. Duffin
Attorney(s) - Defense -- Defendant responded pro se.
Damages --Plaintiff paid its insured Joseph Lowry $625 and its insured Melissa Lowry $2,898 in personal injury protection (PIP) benefits under the terms of the policy.
Facts/Contentions --Plaintiff claimed defendant rear-ended a vehicle driven by plaintiff’s insured Joseph Lowry, with plaintiff’s other insured Melissa Lowry as passenger. Plaintiff claimed the accident happened after plaintiff’s insured Joseph Lowry stopped for traffic ahead of him on 9000 South at about 1075 West.
Defendant asked the court to delay judgment on the pleadings on grounds that defendant failed to respond to the request for admissions from plaintiff because it looked so much like the first complaint. The court declined to delay judgment.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Thomas R. Bills vs. Donald Gary Rasmussen
Case Number --000906848
Court/Judge --3rd District/Bohling
Verdict/Settlement --Judgment on jury verdict, 3/04
Amount --The jury found that the accident was the proximate cause of plaintiff’s injuries; however, the jury also found that plaintiff did not suffer permanent impairment in the accident and did not incur over $3,000 in past medical expenses as a result of the accident. The jury therefore returned a verdict of no cause of action against the plaintiff, and the court dismissed the complaint.
Injuries --Plaintiff suffered injuries to his head, neck, shoulder and back; he claimed he had to undergo cervical surgery as a result of his injuries from this accident. He claimed scarring and permanent impairment.
Attorney(s) - Plaintiff --David W. Brown
Attorney(s) - Defense --Gary D. Josephson, then Lloyd R. Jones, of Petersen & Hansen
Expert Witness(es) - Plaintiff --Bradley Russell Peterson, DC; Dr. Dennis J. Wyman; Mark V. Reichman--neurosurgeon (testified by deposition); all of these physicians were treating health care providers. Dr. Gary L. Halversen also testified as a rebuttal witness.
Expert Witness(es) - Defense --Dr. John P. Barbuto--neurologist; Dr. Patrick Luers--radiologist
Damages --Plaintiff claimed past medical expenses of over $30,000, as well as unspecified past and future lost wages and unspecified future medical expenses. He sought general damages in the amount of $500,000.
Facts/Contentions --Plaintiff was westbound on 2700 South. Plaintiff claimed defendant ran a red light at the Highland Drive intersection and struck the front of plaintiff’s vehicle. Plaintiff claimed the collision was so violent that his head struck the windshield of his car even though he was wearing his seat-belt. Plaintiff sought medical care two days after the accident.
Defendant admitted that the accident occurred, but denied that the light was red and claimed plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff’s injuries were pre-existing.
The court granted a defense motion to exclude any testimony from plaintiff regarding the neck surgery he underwent three years after the accident. The court ruled that Dr. Mark Reichman, who performed the surgery, failed to establish any medical causation or necessitation for the surgery as related to the accident. Defendant argued that the surgery was not necessitated by the accident. However, the court later ruled that Drs. Peterson and Wyman had extensive testimony to contribute on the issues of causation and whether the accident necessitated plaintiff’s neck surgery, and the court allowed these witnesses to testify on the issue of causation. The court therefore reversed its earlier ruling and allowed plaintiff to present evidence regarding the surgery, and to argue that the surgery was necessitated by the accident, at trial.

PERSONAL INJURY
Case Type --MS, WA; Miscellaneous, work-related injury claim
Case Name --Gregory W/ Bowden vs. Superior Transport Services, Incorporated
Case Number --010905093
Court/Judge --3rd District/Lewis
Verdict/Settlement --Verdict, 4/04
Amount --On the unopposed motion of plaintiff’s representative, the court dismissed this claim because of plaintiff’s death. A tort claim dies with its plaintiff.
Injuries --Plaintiff suffered unspecified serious multiple injuries and claimed permanent impairment over and above that which was pre-existing.
Attorney(s) - Plaintiff --Bradley H. Parker of Parker & McConkie
Attorney(s) - Defense --Clifford C. Ross of Dunn & Dunn
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was a quadriplegic, having suffered a serious spine injury prior to the arising of this claim. He called defendant, who is in the business of transporting people with disabilities, to transport him to Wasatch Family Services. Plaintiff claimed that as the driver, who was in the course and scope of his employment with defendant, was transporting plaintiff up the stairs in front of the Wasatch Family Services facility, the driver failed to secure plaintiff adequately in his wheelchair, with the result that the driver dropped plaintiff out of his wheelchair and down the stairs.
Defendant denied liability, though they admitted that they were called to transport plaintiff on the date in question. Defendant claimed the accident was caused by plaintiff’s own negligence or that of the parties who designed, constructed and maintained the stairs where the accident took place; defendant claimed to have no control over these parties. Defendant further claimed plaintiff’s injuries were pre-existing. Defendant claimed immunity or protection under the terms of the Utah Health Care Malpractice Act and contended that plaintiff failed to satisfy the requirements of the Act when filing this claim. Defendant also claimed immunity or protection under the terms of the Utah Governmental Immunity Act, since, as they claimed, they were providing services for a governmental entity at the time of the accident; defendant contended that plaintiff failed to satisfy the requirements of this Act when filing his claim.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Uyen Dinh and Thin Ta vs. Chad Perry
Case Number --010906860
Court/Judge --3rd District/Medley
Verdict/Settlement --Verdict, 4/04
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiffs suffered unspecified injuries, and both claimed permanent impairment,
Attorney(s) - Plaintiff --R. Scott Rawlings
Attorney(s) - Defense --None listed.
Damages --Plaintiffs both claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiffs claimed defendant negligently collided with plaintiffs’ vehicle at about 2100 South Main Street.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Michael Hermosillo and Sarah Hermosillo vs. Mary Durfey and Does 1 through 10
Case Number --020902922
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiffs each suffered unspecified injuries.
Attorney(s) - Plaintiff --David S. Pace and Nathan D. Pace of Pace & Hughes
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates (withdrew); then Scott T. Evans of Christensen & Jensen
Expert Witness(es) - Plaintiff --Plaintiff designated Dr. Reid Harrison; Dr. Jeffrey Margetts; Dr. Theron Hall, DC; Dr. Majid Bashy; and Dr. Hale, DC.
Damages --Plaintiffs claimed unspecified past medical expenses, lost wages, and loss of household services.
Facts/Contentions --Plaintiffs claimed defendant Durfey ran a red light and collided with a vehicle driven by plaintiff Michael Hermosillo, who had plaintiff Sarah Hermosillo riding with him as his passenger. Plaintiffs named the Doe defendants as having possibly contributed to causing the accident.
Defendant Durfey denied liability and claimed the accident was caused by the negligence of third parties over whom defendant Durfey had no control. Defendant Durfey requested that these parties be named on any special verdict form submitted to a trier of fact in this case.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Shellane Verno vs. Samantha Farr and Farr West Financial
Case Number --020904188
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered neck and back injuries.
Attorney(s) - Plaintiff --John A. Donahue; and James L. Warlaumont of Peterson Reed
Attorney(s) - Defense --Michael J. Walk of Victoria K. Kidman & Associates
Expert Witness(es) - Plaintiff --Plaintiff designated a representative of Gold Cross Ambulance; a representative of Utah Radiology; a representative of Cottonwood Hospital; Roger Larson, PT; Amy Welding, PT; a representative of Medical Tower Family Practice; Terry Sawchuk, MD; Laney Nelson, DC; and a representative of The Spine Institute.
Expert Witness(es) - Defense --Defendant designated Stephen P. Marble, MD--independent medical examination physician.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant Samantha Farr, who was in the course and scope of her employment with defendant Farr West, rear-ended plaintiff’s vehicle, which was stopped at a red light at the intersection of 7450 South and 2300 East. Plaintiffs named defendant Farr West under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of an employee of that employer if the employee was in the course and scope of his or her employment with that employer at the time when the damages were caused.
Defendants claimed the accident was caused by plaintiff’s own negligence or that of third parties over whom defendants had no control; defendants also contended that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Amanda Workman vs. Scott Colledge and Wilkinson Electric, Incorporated
Case Number --020903854
Court/Judge --3rd District/Hilder
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Bryan A. Larson and Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense -- Heinz J. Mahler of Kipp & Christian
Expert Witness(es) - Plaintiff --Plaintiff designated investigating officer Trooper Steven Martin of the Utah Highway Patrol; Dr. Robert K. Rothfeder; Dr. Ben E. Fulton; Dr. Scott F. Hansen; Dr. Craig D. Campbell; a representative of Cottonwood Hospital; and a representative of Open Imaging.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages, as well as past property damages for the loss of plaintiff’s vehicle, which was totaled in the accident.
Facts/Contentions --Plaintiff claimed she and defendant Colledge, who was in the course and scope of his employment with defendant Wilkinson, were both northbound on I-15 at about 3300 South. Plaintiff claimed another car ahead of them started to make a lane change and was rear-ended by defendant, who then rear-ended plaintiff and caused her to strike the back of another vehicle. Plaintiff named defendant Wilkinson under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by the negligence of an employee of that employer if the employee was in the course and scope of his or her employment with that employer at the time when the damages were caused.
Defendants admitted that the accident occurred, but claimed it was caused by plaintiff’s own negligence or that of third parties over whom defendants had no control. Defendants also contended that plaintiff failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue.

PERSONAL INJURY
Case Type --AA, ED; Automobile accident, emotional distress claim
Case Name --Ryan Butler vs. Carol Morris and Does 1 through 10
Case Number --020905166
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered head, neck and back injuries which caused him headaches, bilateral shoulder pain, bilateral leg pain, numbness and tingling; he claimed the accident bulged a disc in his spine at L4/L5 and caused him emotional distress.
Attorney(s) - Plaintiff --William R. Rawlings and Russell M. Blood of the Law Offices of William R. Rawlings
Attorney(s) - Defense --J. Kelly Walker of Petersen & Hansen
Expert Witness(es) - Plaintiff --Plaintiff designated his treating health care professionals.
Expert Witness(es) - Defense --Defendant Morris designated Scott Knorpp, MD--independent medical evaluation physician; and an unnamed radiology expert.
Damages --Plaintiff claimed unspecified past and future medical expenses, past lost wages and future loss of earning capacity.
Facts/Contentions --Plaintiff was eastbound in his Ford van on 2100 South near the 940 East intersection. Plaintiff claimed defendant Morris’s Toyota 4Runner rear-ended plaintiff’s van when plaintiff slowed for traffic ahead, causing plaintiff to strike the rear of the vehicle immediately ahead of plaintiff. Plaintiff named the Doe defendants as having possibly contributed to causing the accident.
Defendant Morris claimed the accident was caused by plaintiff’s own negligence or that of third parties over whom defendant Morris had no control; defendant Morris also contended that plaintiff’s injuries might have been pre-existing.
The court ordered the parties to mediate before proceeding with the case.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Julie Harward vs. Ben Thompson
Case Number --020905404
Court/Judge --3rd District/Lewis
Verdict/Settlement --Verdict, 4/04
Amount --The court dismissed this claim 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 a closed head injury; lacerations to her scalp which required staples; scarring; lumbosacral strain; and injuries to her leg, neck and back. She required serious medical attention at the time of the accident and later claimed permanent impairment.
Attorney(s) - Plaintiff --Samuel Adams and Dustin Lance, then Samuel Adams and Brock Van de Kamp, of Siegfried & Jensen
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was in the left-turn lane at the intersection of 9000 South and 1300 West, waiting on a green light for oncoming traffic to clear. Plaintiff claimed that when the light in her direction turned yellow, the car ahead of her started to turn left; plaintiff stated that she also started to turn left behind the other car when defendant ran the red light and struck plaintiff’s vehicle. Plaintiff claimed defendant was cited at the scene for a traffic control violation and was also cited for having no seat belt on and no insurance in force at the time of the accident. Plaintiff claimed defendant was traveling at a high rate of speed when he ran the light.
Plaintiff moved the court to allow service of notice by alternative means after plaintiff failed to locate defendant at his last known address and also failed to locate him with a skip trace. The court record indicates that the court entered an order allowing service by alternate means in response to this motion on January 14, 2004; however, no alternate service was documented, and the court dismissed the case in April of 2004.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Heather G. Smith vs. Christa Lee Parry Storms
Case Number --020906584
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --John M. Chipman of Nelson, Chipman, Quigley & Hansen
Damages --Plaintiff claimed unspecified past and future medical expenses, past lost wages, future loss of earning capacity, and other past out-of-pocket costs, as well as past property damages to her vehicle.
Facts/Contentions --Plaintiff was westbound on 900 South at the intersection of 600 East. Plaintiff claimed defendant exited from Liberty Park without looking and struck plaintiff’s vehicle on the driver’s side.
Defendant admitted that the accident occurred, but denied liability, claiming plaintiff’s injuries were caused by her own negligence. Defendant also contended that plaintiff’s injuries were pre-existing and that plaintiff failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue.

PERSONAL INJURY
Case Type --AA, TA, UM; Automobile/truck/SUV/van accident, uninsured motorist
Case Name --Teresa Chandler vs. Tamaria Walton; Kandice Roser; Jeremy Smith; and Does 1 through 10
Case Number --020902793
Court/Judge --3rd District/Hanson
Verdict/Settlement --Dismissal upon satisfaction of arbitration award, 4/04
Amount --Arbitrator Robert Henderson awarded plaintiff $30,000 plus interest on special damages. Defendant Smith was not served with notice of the filing of the action because he was uninsured at the time of the accident, and all claims against him were resolved in the arbitration through an uninsured motorist claim with plaintiff’s own insurance carrier; he was therefore not required to satisfy the arbitration award. Upon receiving notice that the arbitration award had been satisfied, the court dismissed this case with prejudice.
Injuries --Plaintiff suffered head, neck and back injuries which left her with headaches, bilateral arm and leg numbness and tingling, and emotional distress. Plaintiff eventually underwent surgical repair of a shoulder injury she suffered in the accident.
Attorney(s) - Plaintiff --A. John Witkowski of the Law Office of William R. Rawlings
Attorney(s) - Defense --For defendant Walton: J. Kelly Walker of Petersen & Hansen; for defendant Riser: Robert L. Janicki and Michael L. Ford, then Robert L. Janicki and Steven T. Densley, of Strong & Hanni
Expert Witness(es) - Plaintiff --Plaintiff designated her treating physicians.
Expert Witness(es) - Defense --Defendant Walton designated Stephen Marble, MD--physiatrist and independent medical evaluation physician.
Damages --Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions --Plaintiff was northbound on Bangerter Highway at about 2555 South in West Valley City. Plaintiff claimed that when she stopped her van behind another vehicle, defendant Walton’s Dodge Dakota pick-up failed to stop and crashed into plaintiff’s vehicle from behind, causing it to strike the vehicle immediately in front of her. Plaintiff claimed defendant Riser, who was behind defendant Walton in her Toyota RAV4 SUV, also failed to stop and rear-ended defendant Walton’s vehicle, causing it to strike plaintiff’s vehicle once again. Plaintiff claimed defendant Smith, who was behind defendant Riser, also failed to stop in his turn and struck the vehicle driven by defendant Riser, causing it to strike the vehicle driven by defendant Walton, which struck plaintiff’s vehicle yet a third time. Every time plaintiff’s vehicle was struck from behind, it crashed into the vehicle ahead of plaintiff. Plaintiff named the Doe defendants as having possibly contributed to causing the accident.
Defendant Riser admitted that the accident occurred, but claimed it was caused by plaintiff’s own negligence or that of the co-defendants and the Doe defendants.
Defendant Walton claimed the accident was caused by plaintiff’s own negligence or by conditions and individuals over which defendant Walton had no control. Defendant also claimed plaintiff’s injuries might have been pre-existing.
The parties agreed to submit this case to an arbitrator, who signed the award of arbitration the day after he heard the case.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Connie Schippers vs. Fred Meyer Stores, Incorporated
Case Number --020904327
Court/Judge --3rd District/Burton, then Fratto
Verdict/Settlement --Verdict, 4/04
Amount --Pursuant to defendant’s motion, the court dismissed this case with prejudice and on the merits for plaintiff’s failure to prosecute. After plaintiff’s attorney withdrew, she failed to respond to defendant’s notice to appear in person or appoint new counsel and took no action for 16 months; she took no action to prosecute her case after filing her complaint and then delivering her first set of interrogatories and request for production of documents to defendant.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --David Bert Havas, Ogden (withdrew after filing plaintiff’s complaint and delivering her first set of interrogatories and request for production of documents to plaintiff.
Attorney(s) - Defense --Stephen C. Morgan and Todd C. Hilbig, then Stephen G. Morgan and Richard L. Olsen, of Morgan, Meyer & Rice, later of Morgan, Minnock and Rice, then of Morgan, Minnock, Rice & James
Damages --Plaintiff claimed unspecified past and future medical expenses, past wage loss, and future loss of earning capacity. She also sought $100,000 in general damages.
Facts/Contentions --Plaintiff stated that she slipped and fell on standing water and flower petals on the floor near a floral display shortly after she entered defendant’s West Valley City store at 4091 West 3500 South. Plaintiff claimed defendant should have had non-slip flooring around the floral display or should have warned passersby of the dangerous condition created by the water and flower petals, which defendant should have known would fall onto the floor near the floral display. Alternatively, plaintiff claimed defendant should have cleaned up the water and flower petals from the floor, as they had been there for some time but were not obvious to plaintiff as she entered the store.
Defendant contended that the accident was caused by plaintiff’s own negligence in that she should have watched where she was putting her feet as she entered the store. Alternatively, defendant claimed plaintiff’s injuries were caused by the negligence of third parties over whom defendant had no control; defendant demanded that these third parties be placed on the special verdict form for apportionment of fault if the case should come to trial. Defendant claimed there was not a flower display anywhere near the west front entrance by the produce department, where plaintiff stated that she entered the store, on the day of the accident.
After plaintiff’s counsel withdrew, defendant served plaintiff with notice to appear in person or appoint new counsel. Plaintiff failed to respond and took no further action, and defendant moved the court to dismiss the action for plaintiff’s failure to prosecute.

PERSONAL INJURY
Case Type --AA, BA, WA; Work-related automobile/bus accident
Case Name --Barbra Hardy Barron vs. Daniel N. Smith and Lewis Brothers Stages
Case Number --020904979
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 4/04
Amount --This case settled for an undisclosed amount seven months after it was mediated.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Donald J. Winder and Linette B. Hutton of Winder & Haslam
Attorney(s) - Defense --Shawn McGarry of Kipp & Christian
Damages --Plaintiff claimed unspecified past and future medical expenses, past lost wages and future loss of earning capacity.
Facts/Contentions --Plaintiff was eastbound on North Temple. She claimed defendant Smith, who was driving a shuttle bus owned by defendant Lewis Brothers and was in the course and scope of his employment with Lewis Brothers, drove the shuttle bus out of a parking lot onto southbound 700 West, accelerated into the intersection of 700 West and North Temple in an attempt to turn left onto eastbound North Temple, and crashed into plaintiff’s vehicle. Plaintiff named defendant Lewis Brothers under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by an employee if the employee is acting in the course and scope of his or her employment with that employer at the time the damages were caused.
Defendant Smith explained in a letter to the court that he was traveling south on 700 West, not exiting a parking lot, at the time of the accident. He stated that as he approached the intersection of 700 West and North Temple, he came to a complete stop and checked the traffic right and left; he determined that he could make the turn into the left eastbound lane of North Temple and blend with the traffic. However, he said, as he made the turn and accelerated to the posted speed, plaintiff’s van passed him on the right and then pulled in front of him too soon, leaving defendant Smith no way to avid striking plaintiff’s vehicle. Defendant Smith claimed the rear corner of plaintiff’s vehicle contacted the curve of the bumper and fender on defendant Smith’s vehicle; he denied negligence.
Defendants filed an answer, after defendant Smith sent his letter to the court, in which they admitted that the accident occurred but claimed it was caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendants denied that defendant Smith acted negligently.
The court ordered the parties to mediate, and they complied.

PERSONAL INJURY
Case Type --SF; Slip/fall
Case Name --Stephanie Young vs. Wind River Petroleum, Incorporated dba Top Stop Convenience Stores
Case Number --020905629
Court/Judge --3rd District/Henriod
Verdict/Settlement --Settlement, 4/04
Amount --This case was mediated and settled for an undisclosed amount.
Injuries --Plaintiff suffered a fractured wrist as well as contusions and bruises. She claimed a permanent loss of her range of motion equating to an impairment in the wrist she fractured in the fall.
Attorney(s) - Plaintiff --Dustin Lance and Samuel Adams and Darren A. Davis of Siegfried & Jensen
Attorney(s) - Defense --Theodore E. Kanell and D. Scott Berrett of Plant, Wallace, Christensen & Kanell, later of Plant, Christensen & Kanell
Expert Witness(es) - Plaintiff --Plaintiff designated her treating health care providers; Timothy Grange, MD--independent medical evaluation physician chosen by plaintiff; and F. David Pierce--safety, training, occupational health and environmental expert.
Damages --Plaintiff claimed unspecified past medical expenses and other costs.
Facts/Contentions --Plaintiff, a resident of Sanpete County, stated that she was entering the Top Stop convenience store in Gunnison, Utah when she slipped on ice located on the sidewalk leading to and from the store. Plaintiff claimed defendant, who manages the building and parking area where the store is located, was required by law to keep the sidewalk clear. Plaintiff claimed the ice was covered by a layer of snow, so that plaintiff was unable to see that the walkway was icy. Plaintiff filed this action in the Third District Court on grounds that defendant is a Utah corporation headquartered in Salt Lake City.
Defendant argued that proper jurisdiction would be laid in the Sixth District Court. Defendant moved that the case be transferred to that venue. Defendant also denied liability and claimed that the accident was caused by plaintiff’s own negligence in not looking where she was stepping, or by the negligence of third parties over whom defendant had no control.
Plaintiff objected to the motion for a change of venue.
In a telephonic hearing, the court scheduled a trial to be held in the Third District Court in June and ordered the parties to complete mediation by May 31, 2004.

PERSONAL INJURY
Case Type --MS, WA; Miscellaneous (skiing/snowboarding