Trial Reports
2006

Personal Injury

PERSONAL INJURY
Case Type – AA, TA; Automobile/truck accident
Case Name – Andrzej Forys vs. Norman A. Lovendale
Case Number – 050919085
Court/Judge – 3rd District/Fuchs
Verdict /Settlement – Dismissal, 12/05
Amount – Plaintiff voluntarily dismissed this claim without prejudice.
Injuries – Plaintiff suffered back and neck injuries and various other orthopedic injuries which caused him knee and elbow pain.
Attorney(s) - Plaintiff – Ron J. Kramer of the Law Office of Ron J. Kramer
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions – Plaintiff claimed defendant, who was driving a pick-up truck, rear-ended plaintiff’s vehicle while plaintiff was stopped at a red light.

PERSONAL INJURY
Case Type – DB; Dog-bite
Case Name – Chad Miller; and Brandy Martinez for and on behalf of minor plaintiff Adriana Miller vs. Lily Gutierrez
Case Number – 050919284
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 12/05
Amount – This case settled for an undisclosed amount.
Injuries – Minor plaintiff suffered serious laceration and bite injuries to her right hand which left permanent scarring. She also suffered post-traumatic syndrome.
Attorney(s) - Plaintiff – Randal G. Payne of Siegfried & Jensen
Attorney(s) - Defense – None listed
Damages – Plaintiffs claimed unspecified past and future medical expenses for treatment of minor plaintiff’s injury.
Facts/Contentions – Minor plaintiff, who was three years old, was participating in an Easter-egg-hunt at her aunt’s house. Plaintiffs claimed minor plaintiff was injured when she put her hand through a hole in a fence and was bitten by defendant’s dog, who was on the other side of the fence. Plaintiffs claimed defendant knew the dog was dangerous.

PERSONAL INJURY
Case Type – AA, WA; Work-related automobile accident
Case Name – Laurie McKnight vs. Laurie Murdock; and Does 1 through 10
Case Number – 050919401
Court/Judge – 3rd District/Roth
Verdict /Settlement – Motion granted, 12/05
Amount – The court granted plaintiff’s unopposed motion to submit this claim to binding arbitration.
Injuries – Plaintiff suffered injuries to her head, neck, back and shoulders.
Attorney(s) - Plaintiff – William R. Rawlings and Kenneth L. Christensen of the Law Offices of William R. Rawlings
Attorney(s) - Defense – William A. Stegall of Stegall & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss, future loss of earning capacity, and past property damages.
Facts/Contentions – Plaintiff was northbound on Kyle Drive (4520 West) at Lander Way (5850 South ). Plaintiff claimed defendant Murdock, who was in the course and scope of her employment with the Doe defendants and was westbound on Lander Way, suddenly accelerated into the intersection after coming to a complete stop and giving every indication that she intended to wait for plaintiff to go through the intersection. Plaintiff claimed there was no way she could avoid being struck by defendant Murdock’s vehicle. Plaintiff named the Doe defendants as defendant Murdock’s employers under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendant Murdock denied liability, claiming plaintiff’s injuries were caused by the acts of third parties over whom defendant Murdock had no control.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – T. Nicole Vawdrey vs. Chris Larsen; and Does 1 through 10
Case Number – 050920344
Court/Judge – 3rd District/Roth
Verdict /Settlement – Motion granted, 12/05
Amount – The court granted plaintiff’s unopposed motion to submit this claim for binding arbitration.
Injuries – Plaintiff suffered injuries to her head, neck, back, legs and shoulder.
Attorney(s) - Plaintiff – William R. Rawlings and Kenneth L. Christensen of the Law Offices of William R. Rawlings
Attorney(s) - Defense – Lloyd R. Jones of Petersen & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant Larsen rear-ended plaintiff’s car on 4700 South after plaintiff slowed for traffic ahead. Plaintiff named the Doe defendants as possibly having been partially responsible for causing the accident.
Defendant Larsen admitted that the accident occurred, but denied liability, claiming that the accident was caused by plaintiff’s own negligence or by conditions and individuals beyond defendant Larsen’s control. Defendant Larsen also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Annette Hans vs. Amanda Anderson
Case Number – 050915094
Court/Judge – 3rd District/Medley
Verdict /Settlement – Settlement, 12/05
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Bryan A. Larson of Larson, Turner, Dalby & Ethington
Attorney(s) - Defense – William A. Stegall of Stegall & Associates (withdrew); then Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss, future loss of earning capacity, and past property damages to her vehicle.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff stopped for a red light at the intersection of 9000 South and Bangerter Highway. Defendant admitted that the accident occurred, but denied liability, claiming plaintiff’s injuries were caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY CLAIM
Case Type – AA, WA; Work-related automobile accident
Case Name – Phillip Reitan; and Valerie Reitan vs. Ivory T. George; and Does 1-10
Case Number – 050911025
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 12/05
Amount – This case was settled through binding arbitration. The arbitrator awarded $18,158 in combined general and special damages to plaintiff Phillip Reitan and $3,489 in combined general and special damages to plaintiff Valerie Reitan. Defendant’s insurance carrier, Allstate, paid both awards in full.
Injuries – Plaintiff Phillip Reitan suffered head, neck and back injuries, shoulder pain and left elbow pain. Plaintiff Valerie Reitan suffered head, neck and back injuries.
Attorney(s) - Plaintiff – William R. Rawlings of the Law Offices of William R. Rawlings
Attorney(s) - Defense – Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiffs each claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiffs claimed defendant George rear-ended plaintiffs’ vehicle on eastbound 3300 South after plaintiffs stopped at the intersection of Luetta Drive. Plaintiffs named the Doe defendants as possibly having contributed to causing the accident. Plaintiffs claimed the Doe defendants were or might have been in the course and scope of their employment at the time when they contributed to causing the accident.

PERSONAL INJURY CLAIM
Case Type – AA, CX; automobile accident, third-party claim
Case Name – Minor plaintiff Hunter Stiffer by and through his guardian Richard Stiffer vs. Jessica Venturino Jessica Venturino vs. Donna Elliott
Case Number – 050910423
Court/Judge – 3rd District/Adkins; then Himonas
Verdict /Settlement – Settlement, 12/05
Amount – This case settled for an undisclosed amount.
Injuries – Minor plaintiff suffered traumatic brain injury, as well as other injuries to his face, head and neck. Minor plaintiff suffered permanent impairment and disfigurement (scarring) and will need ongoing care in the future.
Attorney(s) - Plaintiff – Warren W. Driggs of Robert J. DeBry & Associates
Attorney(s) - Defense – For defendant Venturino: R. Phil Ivie and Jared R. Casper of Ivie & Young, Provo; for third-party defendant Elliott: Warren W. Driggs of Robert J. DeBry & Associates
Damages – Plaintiffs claimed minor plaintiff incurred over $15,000 in past medical expenses; they also claimed unspecified future medicals for minor plaintiff’s recommended continuing care.
Facts/Contentions – Minor plaintiff, who was five years old at the time of the accident, was a passenger in a car driven by his mother, third-party defendant Donna Elliott. The car was leaving Sugarhouse Park through the 1500 East exit in order to turn onto 2100 South. Plaintiffs claimed they had the green light when they went through the intersection. Plaintiffs claimed defendant Venturino, who was eastbound on 2100 South, ran the red light and struck the vehicle in which minor plaintiff was riding.
Defendant denied liability and filed a third-party claim against Donna Elliott, claiming third-party defendant Elliott negligently failed to keep a proper look-out and also failed to take evasive action to prevent the accident from occurring.
Third-party defendant Elliott denied negligence.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Kathy Wharton vs. Josephine Keele
Case Number – 050915908
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Dismissal, 12/05
Amount – Plaintiff voluntarily dismissed this action with prejudice.
Injuries – Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Kevin K. Robson of Bertch Robson
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed $6,531.18 in past medical expenses, as well as unspecified future medical expenses. Facts/Contentions – Plaintiff claimed defendant negligently rear-ended a third-party vehicle and pushed it into the back of plaintiff’s vehicle on northbound Bangerter Highway after plaintiff and the third-party vehicle stopped for a red light at 4100 South.

PERSONAL INJURY CLAIM
Case Type – WA, TA, AA; Work-related automobile/truck accident
Case Name – Jasmin Fisher vs. Arnulfo Hernandez; and Does 1-10
Case Number – 050916436
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Dismissal, 12/05
Amount – Plaintiff voluntarily dismissed this action without prejudice.
Injuries – Plaintiff suffered injuries to her head, neck, back, legs and shoulder.
Attorney(s) - Plaintiff – William R. Rawlings and Kenneth L. Christensen of the Law Offices of William R. Rawlings
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past and future medical expenses and past wage loss.
Facts/Contentions – Plaintiff was a passenger in a pick-up truck owned and driven by her father. The vehicle in which plaintiff was riding was eastbound on 1300 South near 400 West. Plaintiff claimed defendant Hernandez rear-ended the vehicle in which plaintiff was riding after plaintiff’s father slowed the vehicle for traffic ahead. Plaintiff named the Doe defendants as possibly having contributed to causing the accident. Plaintiff claimed that the Doe defendants were or might have been in the course and scope of their employment at the time when they contributed to causing the accident.

PERSONAL INJURY CLAIM
Case Type – MS, WA, ED; Miscellaneous, work-related injury claim, claim for infliction of emotional distress
Case Name – Steve Hayward vs. The Dave Matthews Band; and Stefan Wohl
Case Number – 050917144
Court/Judge – 3rd District/Hanson
Verdict /Settlement – Dismissal, 12/05
Amount – Plaintiff voluntarily dismissed this action with prejudice, informing the court in his motion for dismissal that the matter had been settled for an undisclosed amount.
Injuries – Plaintiff claimed he suffered exposure to potentially life-threatening biohazardous material, as well as suffering extreme humiliation, discomfort, emotional distress and embarrassment.
Attorney(s) - Plaintiff – Clark Newhall, MD, JD of the Law Offices of Clark Newhall
Attorney(s) - Defense – None listed
Damages – Plaintiff sought unspecified special damages for the loss of his personal effects. He claimed he also suffered loss of a financial nature because he had to cancel several planned vacation activities, for which he had already paid, as a result of the incident. Plaintiff sought unspecified general damages (pain and suffering) and also sought $1 million in punitive damages for what he claimed was defendant Wohl’s willful, reckless, careless and negligent behavior.
Facts/Contentions – Plaintiff, who was on vacation in Chicago, Illinois, was a passenger in a tour boat which was going down a river there. The boat passed under an open-grated bridge by which a highway crossed the river. Plaintiff claimed defendant Wohl, who was driving a bus owned and operated by the defendant band across the river on the bridge, negligently opened and drained the waste tanks of the bus as it crossed over the open-grated bridge above the river, with the result that plaintiff and the 109 other occupants of the tour boat were drenched by 80 to 100 gallons of liquid human waste. Plaintiff claimed the waste got into plaintiff’s eyes, mouth and hair and soaked his personal belongings to the point where they had to be discarded. Plaintiff claimed that at the time when he caused the incident, defendant Wohl was in the course and scope of his employment with defendant The Dave Matthews Band. Plaintiff named defendant The Dave Matthews Band under the doctrine of respondeat superior, which holds that an employer is liable 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 employee caused the damages

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Rebecca Grover vs. Kory Taylor
Case Number – 050909989
Court/Judge – 3rd District/Maughan
Verdict /Settlement – Dismissal, 12/05
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 and claimed permanent impairment.
Attorney(s) - Plaintiff – Tim Dalton Dunn of Dunn & Dunn and Richard Gariepy of The Gariepy Law Offices, Ketchum, Idaho
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions – Plaintiff, a resident of Idaho, claimed defendant rear-ended a vehicle in which plaintiff was a passenger. Plaintiff claimed defendant was talking on his cell phone at the time of the accident.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Erika Nelson vs. Angel Martinez
Case Number – 050919950
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – D. Scott Berrett of Driggs, Billls & Day
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed over $3,000 in past medical expenses.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle on eastbound 400 South after plaintiff slowed for a pedestrian crossing the street at 1255 West.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Tammy Johns vs. Hedwig Kraemer
Case Number – 050910507
Court/Judge – 3rd District/Himonas
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – D. Scott Berrett of Driggs, Billls & Day
Attorney(s) - Defense – Jeffrey C. Miner of Morgan, Minnock, Rice & James
Damages – Plaintiff claimed over $3,000 in past medical expenses.
Facts/Contentions – Plaintiff and defendant were both eastbound on State Road 201 at the 5000 West intersection. Plaintiff claimed defendant attempted to change lanes into the space already occupied by plaintiff. Plaintiff claimed that in an attempt to avoid being struck by defendant’s vehicle, plaintiff swerved into the left emergency lane, lost control of her vehicle, veered back into the roadway and collided with a third-party vehicle.
Defendant admitted to changing lanes, but denied negligence and liability, claiming the accident was caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Deena Page vs. Jean Rigby
Case Number – 050915771
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Dismissal, 01/06
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 head injury which caused partial cerebral atrophy. Plaintiff was permanently impaired by this injury.
Attorney(s) - Plaintiff – Roger H. Hoole of Hoole & King
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed $48,350.58 in past medical expenses and over $23,000 in past wage loss, as well as unspecified past and future loss of household services, future medical expenses and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle while plaintiff was stopped for a traffic light at the intersection of 1300 East and 4500 South.

PERSONAL INJURY
Case Type – AA, TA; Automobile/pick-up truck accident
Case Name – Jodi Lazar vs. Brandon Thomas
Case Number – 050915487
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Dismissal, 01/06
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 – Chase Kimball of The Law Offices of Randal L. Meek
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past and future medical expenses and wage loss.
Facts/Contentions – Plaintiff claimed defendant, who was driving a pick-up truck, ran a red light at the intersection of 1300 East and Park Center Drive and struck the vehicle driven by plaintiff, which was going through the intersection on a green light. Plaintiff claimed defendant admitted to the investigating police officer that he ran the red light and was cited by the investigating police officer at the scene of the accident.

PERSONAL INJURY CLAIM
Case Type –SF; Slip/fall
Case Name – Stephen Opheikens vs. Northern Utah Healthcare dba St. Mark’s Hospital
Case Number – 050901206
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – David C. Biggs of Steele, Ruffinengo & Biggs, of counsel to Siegfried & Jensen Attorney(s) - Defense – Mark A. Riekhof of Dunn & Dunn, then Robert C. Morton and Mark A. Riekhof of Hall Prangle & Schoonveld
Expert Witnesses - Defense – Defendant designated Bart Fotheringham, MD–independent medical examination (IME) physician.
Damages – Plaintiff claimed unspecified past and future medical expenses. Facts/Contentions – Plaintiff claimed he slipped and fell on a recently mopped wet floor while visiting a patient in defendant’s hospital. Plaintiff claimed that defendant failed to warn visitors that the floor was wet and posed a hazard.
Defendant denied negligence and liability, claiming that plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY CLAIM
Case Type – SF; Slip/fall
Case Name – Sharron B. Hansen vs. May Department Stores Company, Incorporated; Layton Construction Company, Incorporated; and Does 1 through 20
Case Number – 050902196
Court/Judge – 3rd District/Noel
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries –Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Charles A. Gruber
Attorney(s) - Defense – For defendants May and Layton: George T. Naegle of Richards, Brandt, Miller & Nelson
Damages – Plaintiff claimed unspecified past and future medical expenses and wage loss.
Facts/Contentions – Plaintiff claimed that while she was shopping on Defendant May’s premises as an invited customer at defendant May’s Meier & Frank store in Cottonwood Mall, she slipped and fell on a negligently installed expansion joint which protruded above the surface level of the floor. The accident occurred during defendant May’s remodeling project at the store. Plaintiff claimed defendant May was negligent in failing to protect patrons from hazards caused by the remodeling or to warn them of such hazards.
Plaintiff named defendant Layton as the general contractor on the remodeling project. Plaintiff claimed defendant Layton was negligent in failing to protect patrons from hazards caused by the remodeling or to warn them of such hazards.
Plaintiff named the Doe defendants as employees who were in the course and scope of their employment with defendant Layton and defendant May at the time of the accident. Plaintiff claimed the Doe defendants, respectively, installed the expansion joints so that they stuck up above floor level and failed to warn store customers of the hazard that the expansion joints posed.
Plaintiff named defendants Layton and May under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendants both denied negligence and liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendants had no control. Defendants both claimed that if a tripping hazard existed, it was open and obvious, and plaintiff failed to act as a reasonable person would because she was aware that the remodeling project was in progress, but failed to watch out for hazards.

PERSONAL INJURY CLAIM
Case Type – SF; slip/fall
Case Name – Gary Stevens vs, Cristell Soderstrom
Case Number – 050903512
Court/Judge – 3rd District/Kennedy
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered a severe comminuted fracture of the left heel which will require multiple future surgeries and extensive rehabilitation therapy. Plaintiff claimed permanent impairment.
Attorney(s) - Plaintiff – Clark A. Newhall of the Law Offices of Clark A. Newhall, MD, JD (withdrew and asserted a lien for attorney’s fees in the amount of $1,378.06 against any proceeds of settlement or judgment in this case)
Attorney(s) - Defense – Michael L. Ford of Victoria K. Kidman & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses and wage loss. Plaintiff sought two times the combined total of his special damages as general damages (pain and suffering).
Facts/Contentions – Plaintiff was visiting property owned by defendant. Plaintiff, who was in the company of a real estate agent, was inspecting the property with an eye to purchasing it from defendant. Plaintiff claimed that when he climbed a carpeted ladder to inspect the loft area, which was used as a business office, the ladder collapsed, causing plaintiff to fall approximately eight feet to the floor below. Plaintiff claimed the ladder was not supported by or attached to the adjacent structures as it should have been.
Defendant denied negligence and liability, claiming that plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – J. Michael McCarthy vs. Amanda Payne
Case Number – 040926854
Court/Judge – 3rd District/Henriod; then Roth
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Mel S. Martin and Edward T. Wells
Attorney(s) - Defense – R. Phil Ivie and Sherlynn Fenstermaker of Ivie & Young, Provo
Damages –Plaintiff claimed over $20,000 in combined special and general damages.
Facts/Contentions – Plaintiff claimed defendant negligently collided with plaintiff’s vehicle at 9450 South 700 East in Sandy.
Defendant denied negligence and liability, claiming that plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Patti N. Pounders vs. Resort Express, Incorporated dba All Resort Express; and Gregory P. Reherman
Case Number – 050904710
Court/Judge – 3rd District/Quinn
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered neck and back injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Kevin K. Robson of Bertch Robson
Attorney(s) - Defense – For defendants Resort Express and Reherman: Stephen W. Owens of Epperson & Rencher Damages –Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses and past wage loss.
Facts/Contentions – Plaintiff, who lives in Metuchen, New Jersey, was a passenger in a van owned and operated in the course of business by defendant Resort Express. Defendant Reherman was driving the van, which was on westbound I-80 en route to Salt Lake International Airport.
Plaintiff claimed defendant Reherman, who was in the course and scope of his employment with defendant Resort Express while driving the van, negligently drove too fast for existing conditions, lost control of the van and rolled it.
Plaintiff named defendant Resort Express under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendants claimed plaintiff’s injuries were caused by events or conditions beyond defendants’ control. Defendants claimed the accident was unavoidable. Defendant also contended that plaintiff assumed the risk of her injuries when she agreed to ride in the van.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Leslie A. Matson vs. James G. Hobbs
Case Number – 050907769
Court/Judge – 3rd District/Frederick
Verdict /Settlement – Settlement, 01/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Kelton G. Busby, then Roger W. Griffin, of Gregory, Barton & Swapp, then of Gregory Swapp
Attorney(s) - Defense – Kirk A. Gibbs of Kipp & Christian
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity. Plaintiff also sought over $20,000 in general damages (pain and suffering).
Facts/Contentions – Plaintiff was a passenger in a vehicle driven by her husband. She claimed defendant rear-ended plaintiff’s vehicle while plaintiff was stopped for a red light on northbound 2700 West at the 4100 South intersection.
Defendant claimed the accident was caused by the negligence of plaintiff’s husband. Defendant claimed plaintiff’s husband slammed on his brakes so suddenly that defendant was unable to avoid striking plaintiff’s vehicle.

PERSONAL INJURY CLAIM
Case Type – AA, IB; Automobile accident, suit for insurance benefits (bad faith)
Case Name – Lawrence Lucero vs. Jacquelyn K. Smith; and Unitrin Financial Indemnity Company
Case Number – 050907592
Court/Judge – 3rd District/Lindberg
Verdict /Settlement – Settlement, 01/06
Amount – Plaintiff and defendant Smith settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Brent Gordon of Driggs, Bills & Day
Attorney(s) - Defense – For defendant Smith: Jeffrey C. Miner of Morgan, Minnock, Rice & James
Damages – Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses.
Facts/Contentions – Plaintiff claimed defendant Smith rear-ended plaintiff’s vehicle on the 21st South off-ramp from the I-15 southbound collector route after plaintiff slowed for heavy traffic ahead.
Plaintiff was insured by defendant Unitrin under the terms of an automobile owner’s policy. Plaintiff claimed defendant Unitrin failed to pay plaintiff’s legitimate claims for reasonable and necessary medical expenses which plaintiff incurred in the accident.
Defendant Smith denied negligence and liability, claiming that plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant Smith had no control. Defendant Smith also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type – AA, AR; Alcohol-related accident claim
Case Name – Kemla Rohloff Prathan vs. Kenneth B. Johnston
Case Number – 050903798
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 02/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered injuries to her brain, head, neck and back.
Attorney(s) - Plaintiff – Matthew H. Raty of the Law Office of Matthew H. Raty
Attorney(s) - Defense – Kristin A. VanOrman and Ryan J. Schriever of Strong & Hanni
Damages – Plaintiff claimed unspecified past medical expenses, wage loss and loss of household services, as well as future loss of earning capacity. Plaintiff sought punitive damages for what she claimed was defendant’s willful and reckless disregard for the safety of others as manifested by his driving under the influence of alcohol.
Facts/Contentions – Plaintiff, a resident of Nebraska, claimed defendant rear-ended her vehicle, which was stopped at a red light on northbound Main Street at the Hill Field Road intersection in Layton. Plaintiff claimed defendant was driving under the influence of alcohol at the time of the accident. Plaintiff claimed the impact of defendant’s vehicle pushed her car into the rear of the car in front of her.
Defendant admitted that the accident occurred, but denied driving under the influence of alcohol and denied liability, claiming the accident was caused by plaintiff’s own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Bob Lanoue vs. Frank Perkins; and Does 1 through 5
Case Number – 050902897
Court/Judge – 3rd District/Quinn
Verdict /Settlement – Settlement, 02/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Charles A. Gruber
Attorney(s) - Defense – Michael J. Walk of Victoria K. Kidman & Associates
Damages – Plaintiff claimed unspecified past medical expenses and wage loss. Plaintiff sought $50,000 in combined general and special damages.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle, which was stopped at a stop sign on southbound 800 East. Plaintiff was waiting to turn right onto westbound 2100 South.
Plaintiff named the Doe defendants as having possibly been partly or wholly responsible for causing the accident.
Defendant denied liability, claiming the driver of an unidentified vehicle which was stopped to the left of plaintiff at the intersection was responsible for causing the accident.

PERSONAL INJURY
Case Type – SF; Fall-related injury claim
Case Name – Leah Mickelson for and on behalf of minor plaintiff Ciara Shields vs. Chantelle Sundquist
Case Number – 050912632
Court/Judge – 3rd District/Fratto
Verdict /Settlement –Verdict, 02/06
Amount – The court entered judgment against defendant on the issue of liability. A further hearing will be held to determine damages.
Injuries – Minor plaintiff suffered cervical sprain/strain, multiple contusions and a head injury.
Attorney(s) - Plaintiff – David C. Biggs of Steele, Ruffinengo & Biggs, of counsel to Siegfried & Jensen
Attorney(s) - Defense – None listed.
Damages – Minor plaintiff claimed unspecified past medical expenses.
Facts/Contentions – Minor plaintiff was visiting defendant’s home when she fell four feet onto the gravel floor of a window well.
Plaintiffs sought and were granted leave to accomplish service by alternate means (publication) after it became evident that defendant was concealing her whereabouts to avoid being served.

PERSONAL INJURY
Case Type – AA, TA, WA, UM; Work-related automobile/truck accident, uninsured motorist claim
Case Name – Auto-Owners Insurance Company vs. Delta Trucking; Karl J. Anderson; and Does 1 through 4
Case Number – 050912734
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 02/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Daniel O. Duffin of Duffin & Associates
Attorney(s) - Defense – Jam O. Malmberg of Perry, Malmberg & Perry, Logan
Damages – Plaintiff paid its insured $628.62 in personal injury protection (PIP) benefits for medical expenses. Plaintiff paid its insured’s passenger $10,000 in PIP benefits for medical expenses.
Facts/Contentions – Plaintiff claimed defendant Anderson, who was in the course and scope of his employment with defendant Delta and was driving a tractor owned and operated by defendant Delta, rear-ended a vehicle driven by plaintiff’s insured on I-15 and 10600 South after plaintiff’s insured slowed for traffic ahead. Plaintiff named defendant Delta under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by its employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages. Plaintiff named the Doe defendants as having possibly been partly or wholly responsible for causing the accident.
Plaintiff claimed defendants Anderson and Delta were uninsured at the time of the accident.
Defendants Anderson and Delta denied liability, claiming that the accident was caused by plaintiff’s insured’s negligence or that of third parties over whom defendants Anderson and Delta had no control. Defendants Anderson and Delta also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type – AA, TA, UM; Automobile/truck accident, uninsured motorist claim
Case Name – Jack McMillan vs. Cathy Neher McGonigle
Case Number – 050914496
Court/Judge – 3rd District/Hilder
Verdict /Settlement –Dismissal, 02/06
Amount – The court dismissed this case without prejudice for plaintiff’s failure to serve defendant with notice of the claim within 120 days of the filing of the complaint.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Timothy Miguel Willardson
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past medical expenses and wage loss.
Facts/Contentions – Plaintiff claimed defendant negligently exited a private driveway onto Fairview Avenue in Boise, Idaho, and cut across three lanes of heavy westbound traffic in an attempt to go east on Fairview. Plaintiff claimed he and his wife , who are Utah residents, were in plaintiff’s pick-up truck, which was stopped in a left-turn lane on westbound Fairview, waiting to turn onto southbound Maple Grove Road. Plaintiff claimed defendant’s vehicle struck the truck and knocked it into the oncoming traffic lane.
Plaintiff claimed defendant was uninsured at the time of the accident.

PERSONAL INJURY
Case Type – AA, TA, AR; Automobile/truck accident, controlled substance-related claim
Case Name – Sharlly England vs. Katherine Kounalis; and Does 1 through 10
Case Number – 050915971
Court/Judge – 3rd District/Hilder
Verdict /Settlement –Settlement, 02/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – William R. Rawlings and Kenneth L. Christensen of the Law Offices of William R. Rawlings
Attorney(s) - Defense – Leonard E. McGee of Stegall & Associates (withdrew); then Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity. Plaintiff also sought punitive damages for what she claimed was defendant Kounalis’s willful and reckless disregard for the safety of others as manifested by her driving under the influence of a controlled substance.
Facts/Contentions – Plaintiff’s pick-up truck was northbound on 700 East. Plaintiff claimed defendant Kounalis, who was driving under the influence of a controlled substance, rear-ended plaintiff’s vehicle and knocked it across the center median into oncoming traffic.
Plaintiff named the Doe defendants as having possibly been partly or wholly responsible for causing the accident.
Defendant Kounalis denied driving under the influence of a controlled substance and also denied liability, claiming plaintiff’s injuries were caused by the negligence of third parties over whom defendant Kounalis had no control.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Tracy Heuser vs. Gregory Painter
Case Number – 050917813
Court/Judge – 3rd District/Hanson
Verdict /Settlement – Dismissal, 02/06
Amount – Plaintiff voluntarily dismissed this complaint with prejudice pursuant to URCP 41.
Injuries – Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Chase Kimball of the Law Offices of Randal L. Meek
Attorney(s) - Defense – Lloyd R. Jones of Petersen & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses and past wage loss.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle when plaintiff slowed for a school crossing on 7000 South near 2400 West.
Defendant denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or by individuals or conditions beyond defendant’s control. Defendant also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – James Lester Hardy vs. Charles R. Wright
Case Number – 050917814
Court/Judge – 3rd District/
Verdict /Settlement – Settlement, 02/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Roger W. Griffin of Gregory Swapp
Attorney(s) - Defense – Lloyd R. Jones of Petersen & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant failed to yield to oncoming traffic and struck another vehicle in the intersection of 700 East and 9000 South. Plaintiff was a passenger in defendant’s vehicle.
Defendant denied liability, claiming the accident was caused by conditions or individuals beyond defendant’s control.

PERSONAL INJURY
Case Type – AA, WA; work-related automobile accident
Case Name – St. Farm Mutual Automobile Insurance Company vs. State of Utah; and John Polidori
Case Number – 050922231
Court/Judge – 3rd District/
Verdict /Settlement – Settlement, 02/06
Amount – This case settled for an undisclosed amount. Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Kyle W. Jones
Attorney(s) - Defense – Mark L. Shurtleff and Steven A. Combe of the Utah Attorney General’s Office
Damages – Plaintiff paid its insured $3,000 in personal injury protection (PIP) benefits for medical expenses. Facts/Contentions – Plaintiff claimed a vehicle driven by defendant Polidori, who was in the course and scope of his employment with defendant State of Utah, rear-ended a vehicle driven by plaintiff’s insured near the northeast end of Rice-Eccles Stadium on the University of Utah campus.
Plaintiff named defendant State of Utah under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by its employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendants denied liability.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --Shelby Casualty Insurance Company vs. Morfa Milsa Soto
Case Number --060901543
Court/Judge --3rd District/Fratto
Verdict/Settlement --Verdict, 02/06
Amount --The court entered judgment against defendant in the amount of $29,319.74, which included $5,137.74 in accrued pre-judgment interest and $182 in costs.
Injuries --Plaintiff’s insured and plaintiff’s insured’s passenger suffered unspecified injuries.
Attorney(s) - Plaintiff --Daniel O. Duffin of Duffin & Associates
Attorney(s) - Defense --None listed
Damages --Plaintiff paid its insured $3,500 for repair of the insured’s vehicle, $3,000 in personal injury protection (PIP) benefits for the insured’s medical expenses, and another $7,000 for uninsured motorist protection benefits to cover the insured’s special damages. Plaintiff paid the insured’s passenger $3,000 in PIP benefits for the passenger’s medical expenses and another $7,300 for uninsured motorist protection benefits to cover the passenger’s special damages.
Facts/Contentions --Plaintiff claimed defendant made an improper left turn in front of a vehicle driven by plaintiff’s insured, who was westbound on 4500 South approaching the 500 West intersection. Plaintiff claimed defendant was eastbound on 4500 South and attempted to turn onto northbound 500 West. Plaintiff claimed defendant was uninsured at the time of the collision.

PERSONAL INJURY
Case Type --AA, AR; Alcohol-related automobile accident
Case Name --Justin D. Hill vs. John L. Kitchen
Case Number --060901923
Court/Judge --3rd District/Quinn
Verdict/Settlement --Settlement, 02/06
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff sufffered injuries to his neck, back and wrist.
Attorney(s) - Plaintiff --Warren W. Driggs of Robert J. DeBry & Associates
Attorney(s) - Defense --This case was settled with an adjuster from AIG Insurance.
Damages --Plaintiff claimed over $8,000 in past medical expenses, as well as unspecified future medical expenses, past wage loss, future wage loss and future loss of earning capacity. Plaintiff also sought punitive damages for what he claimed was defendant’s wanton, callous and willful disregard for plaintiff’s safety.
Facts/Contentions --Plaintiff claimed defendant, who was under the influence of alcohol and was speeding, rear-ended plaintiff’s vehicle as plaintiff approached the Redwood Road intersection on westbound 4500 South.

PERSONAL INJURY
Case Type --MS; Miscellaneous (llama-caused injuries)
Case Name --Sonja Anderson vs. Kimm Anderson
Case Number --050917493
Court/Judge --3rd District/Dever
Verdict/Settlement --Dismissal, 03/06
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 unspecified multiple injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Chase Kimball of the Law Officves of Randal L. Meek
Attorney(s) - Defense --None listed
Damages --Plaintiff claimed uspecified past and future medical expenses and past wage loss.
Facts/Contentions --Plaintiff is defendant’s sister, and defendant was the owner of the llama. Plaintiff stated that she was visiting her brother’s home, but her brother was not there. Plaintiff said she was visiting with her brother’s wife when the wife noticed that the llama was loose due to a recent storm which had knocked over its pen. Plaintiff stated that her sister-in-law asked plaintiff to move the llama to a safe place, and plaintiff agreed because she was being asked a favor by family. However, plaintiff stated, when plaintiff approached the llama, it head-butted plaintiff, causing multiple and extensive injuries. Plaintiff claimed her brother failed in his duty to keep a dangerous animal restrained on his property with the result that the property was not safe for plaintiff.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Erika Nelson vs. Angel Martinez
Case Number --050919950
Court/Judge --3rd District/Fratto
Verdict/Settlement --Dismissal, 02/06
Amount --Plaintiff voluntarily dismissed her complaint pursuant to Utah R. Civ. P. 41 (a) (2002).
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --D. Scott Berrett of Driggs, Bills & Day
Attorney(s) - Defense --None listed
Damages --Plaintiff claimed over $3,000 in past medical expenses, as well as other unspecified special damages. Facts/Contentions --Plaintiff and defendant were both eastbound on 400 South. Plaintiff claimed defendant failed to change lanes safely and rear-ended plaintiff’s vehicle after plaintiff slowed for a pedestrian at 1255 West.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Debra Jeska vs. Jason R, Bunderson; Brady Birt; and Cintas Corporation
Case Number --050920273
Court/Judge --3rd District/Kennedy
Verdict/Settlement --Settlement, 02/06
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a neck sprain, facial abrasions, multiple contusions, myofscial pain and dysfunction, a Class I malocclusion, an anterior open bite and temporomandibular joint dysfunction. Plaintiff claimed possible permanent impairment.
Attorney(s) - Plaintiff --J. Jordan Christianson of Robert J. DeBry & Associates
Attorney(s) - Defense --Tim Dalton Dunn and Paul J. Simonson of Dunn & Dunn
Damages --Plaintiff claimed over $6,000 in past medical expenses, as well as unspecified future medical expenses abd possible future loss of earning capacity.
Facts/Contentions --Plaintiff was eastbound on 3300 South in the outside lane. Plaintiff claimed defendant Bunderson, who was in the course and scope of his employment with defendant Cintas and was driving a delivery truck owned and operated by defendant Cintas, negligently backed into plaintiff’s path and caused an unavoidable collision. Plaintiff claimed defendant Bunderson was attempting to back the delivery truck out of the premises of a business located at 2888 East. Plaintiff claimed defendant Birt was guiding defendant Bunderson in his attempt to back the truck out of the business premises.
Plaintiff named defendant Cintas under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.

PERSONAL INJURY
Case Type --AA, MS; Automobile/miscellaneous (truck tire) accident
Case Name --Ann M. Hurst vs. Jason Oltmans; and Kilgore Pavement Maintenance, Incorporated
Case Number --050920470
Court/Judge --3rd District/Hilder
Verdict/Settlement --Settlement, 03/06
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered multiple serious unspecified injuries. She claimed permanent impairment.
Attorney(s) - Plaintiff --Michael A. Katz of Siegfried & Jensen
Attorney(s) - Defense --Richard K. Glauser and Tracy A. Wilder of Smith & Glauser
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by her husband, which was northbound on I-215 at approximately 500 South, traveling in the center (#2) lane of traffic. Plaintiff claimed defendant Oltmans was in the course and scope of his employment with defendant Kikgore at the time of the accident and was driving a Mack truck owned and operated by defendant Kilgore. Plaintiff claimed the Mack truck was towing a utility truck on a trailer. Plaintiff claimed the utility truck on its trailer became disconnected from the Mack truck, crossed to the left side of the highway, collided with the cement barrier, lost a rear tire and then careened across to the right side of the highway, where it came to rest in the emergency lane. Plaintiff claimed the tire which broke off the rear axle of the utility truck came to rest in the center (#2) lane of the highway, where plaintiff’s husband was unable to avoid hitting it.
Plaintiff claimed defendant Oltmans failed to inspect, maintain and repair the trailer with which he was towing the utility truck properly and failed to attach the trailer securely to the vehicle with which he was towing the utility truck.
Plaintiff named defendant Kilgore under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendant Kilgore denied liability, claiming that its employee, defendant Oltmans, was not negligent.
Defendant Kilgore further claimed that the accident was caused by a sudden and unforeseeable mechanical failure in the trailer which attached the utility truck to the Mack truck.
As an alternative defense, defendants claimed that Wasatch Trailer Sales, the company that designed and built the trailer, the safety chains and the mechanism for attaching the pintel hitch to the trailer tongue and sold the trailer to defendant Kilgore, might have been negligent in failing to manufacture the trailer, chains and connecting mechanism correctly or might have sold the trailer, chains and connecting mechanism to defendant Kilgore in an unsafe condition. Defendant Kilgore claimed that Wasatch Trailer Sales’ negligence might thus have been a partial cause of the accident. Defendant Kilgore also contended that plaintiff’s husband might have been negligent in failing to keep a proper look-out, and that plaintiff’s husband’s negligence might have been a partial cause of the accident. Defendant Kilgore asked the court to order the inclusion of these other parties on any special verdict form presented to a jury in order that the other parties’ possible fault might be properly apportioned.
Defendant Kilgore contended that plaintiff’s ongoing physical problems were caused by pre-existing conditions and were not caused by the accident.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Peter Woodley vs. Shannon Farrell
Case Number --050920855
Court/Judge --3rd District/Medley
Verdict/Settlement --Dismissal, 02/06
Amount --Plaintiff voluntarily dismissed his complaint pursuant to Utah R. Civ. P. 41 (a) (2002).
Injuries --Plaintiff suffered injuries to his neck, shoulder, back and right ankle.
Attorney(s) - Plaintiff --Andrew Morse of Snow, Christensen & Martineau
Attorney(s) - Defense --None listed
Damages --Plaintiff claimed unspecified past and future medical expenses and past wage loss.
Facts/Contentions --Plaitiff was a passenger in his own vehicle, which defendant was driving. Plaintiff claimed defendant ngeligently rear-ended a police vehicle parked along the right side of the #3 lane of I-80 near Salt Lake City. Plaintiff claimed that when she collided with the police car in plaintiff’s vehicle, defendant was driving too fast for existing conditions and failed to maintain a proper look-out.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Colette Farr vs. Kim A. Palmer
Case Number --050922567
Court/Judge --3rd District/Himonas
Verdict/Settlement --Settlement, 02/06
Amount --This case settled for an undisclosed amount. Plaintiff demande that the case be submitted to arbitration.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Bryan A. Larson of Larson, Turner, Dalby & Ethington
Attorney(s) - Defense --This claim was settled with an adjuster from Bear River Insurance Company.
Damages --Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions --Plaintiff was northbound on 2700 West. Plaintiff claimed defendant, who had pulled off onto the shoulder of northbound 2700 West at 7750 South, abruptly pulled out in front of plaintiff in an attempt to make a u-turn and to go south on 2700 West. Plaintiff claimed defendant pulled out in front of her so suddenly that plaintiff was unable to avoid striking defendant’s vehicle.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --State Farm Insurance; and Laura Albert-Sheiko vs. Edward Kaumatule
Case Number --050921906
Court/Judge --3rd District/Fratto
Verdict/Settlement --Judgment, 03/06
Amount --The court entered judgment against defendant in the amount of $2,005.94, which included $86 in costs.
Attorney(s) - Plaintiff --Glen A. Cook of Cook, Skeen & Robinson
Attorney(s) - Defense --None listed
Damages --Plaintiff State Farm paid plaintiff Albert-Sheiko, its insured, $1,919.94 to cover the damages plaintiff Albert-Sheiko incurred in the accident. Plaintiff Albert-Sheiko paid a $250 deductible.
Facts/Contentions --Plaintiffs claimed defendant rear-ended plaintiff Albert-Sheiko at approximately 31 South Bangerter Highway. Plaintiff State Farm was named as the insurer of plaintiff Albert-Sheiko. Plaintiff State Farm retained full rights of subrogation for the amounts which plaintiff State Farm paid plaintiff Albert-Sheiko to cover the damages plaintiff Albert-Sheiko suffered in the accident.

PERSONAL INJURY/
CONTRACT DISPUTE
Case Type --AA, BC; Automobile accident, breach of contract claim
Case Name --Bear River Mutual Insurance Company vs. Shirley Butcher
Case Number --050918283
Court/Judge --3rd district/Quinn
Verdict/Settlement --Judgment, 03/06
Amount --The court entered judgment against defendant in the amount of $4,002.85, which included $430.11 in accrued pre-judgment interest, $475 in attorney’s fees and $125 in costs.
Attorney(s) - Plaintiff --Daniel O. Duffin of Duffin & Associates
Attorney(s) - Defense --None listed
Damages --Plaintiff sought $2,972.74 to cover the amount which plaintiff claimed defendant agreed to pay under the terms of the settlement agreement, plus interest on the unpaid balance, attorney’s fees and costs.
Facts/Contentions --Plaintiff claimed defendant was involved in an automobile accident with a vehicle driven by plaintiff’s insured. Plaintiff claimed defendant acknowledged negligence and agreed to reimburse plaintiff $3,222.74 for payments which plaintiff made to its insured to cover damages incurred in the accident.
Plaintiff claimed this contract was contained in a settlement agreement which plaintiff and defendant executed after the accident. Plaintiff claimed defendant paid $250 and then failed to make any more payments, leaving a balance of $2,972.74 unpaid.

PERSONAL INJURY CLAIM
Case Type – SF; Slip/fall
Case Name – Helen Radkey vs. Quailbrook East Condominium Owners’ Association; and Geddes & Sons, Incorporated
Case Number – 050901218
Court/Judge – 3rd District/Hilder
Verdict /Settlement – Settlement, 03/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered a fractured wrist. She claimed permanent impairment.
Attorney(s) - Plaintiff – James L. Warlaumont of Peterson Reed & Warlaumont; then of Peterson Reed Warlaumont & Stout
Attorney(s) - Defense – For defendant Quailbrook: Cory D. Memmott of Plant, Christensen & Kanell; for defendant Geddes: Peter H. Barlow of Strong & Hanni Expert Witness(es) - Plaintiff – Plaintiff’s treating healthcare provider was Kerry Tuttle, OTR/L, CLT of Mountain Land Physical Therapy & Rehabilitation.
Damages – Plaintiff claimed approximately $5,000 in past medical expenses and $210 per week in wage loss, as well as unspecified future medical expenses and loss of earning capacity.
Facts/Contentions – Plaintiff lived in the Quailbrook Condominiums. She claimed defendant Quailbrook hired defendant Geddes to keep the property clear of snow and ice. As plaintiff was walking home, she encountered a place on the walkway leading to her condominium where, she claimed, defendant Geddes had piled up snow from a snowfall 15 days earlier on the sidewalk and blocked it. Plaintiff claimed that in order to avoid the piled-up snow, she was obliged to walk through the parking area to get to her front door. While she was walking through the parking area, plaintiff slipped and fell on ice. Plaintiff claimed defendant Quailbrook negligently failed to tell defendant Geddes to keep the sidewalks clear of snow and ice, and defendant Geddes negligently failed to do so.
Defendant Quailbrook denied liability, claiming plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant Quailbrook had no control. Defendant Quailbrook also suggested that plaintiff’s injuries might have been pre-existing.
Defendant Geddes denied liability, claiming plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant Geddes had no control. Defendant Geddes also claimed the ice on which plaintiff slipped was an open and obvious hazard, and defendant Geddes had no duty to warn plaintiff about it or protect plaintiff from it.

PERSONAL INJURY CLAIM
Case Type – MS, CX; Miscellaneous (claim of disease caused by trespass), third-party claim
Case Name – Paul McCullough vs. St. George Steel Fabricators, Incorporated; and Titan Steel Corporation
St. George Steel Fabricators, Incorporated vs. Cannon Industrial Painting; and Simpson Steel Fabricators & Erectors, Incorporated
Case Number – 040927364
Court/Judge – 3rd District/Lubeck; then Kennedy
Verdict /Settlement – Settlement, 03/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff developed silicosis with associated fibrosis.
Attorney(s) - Plaintiff – Michael F. Richman of Siegfried & Jensen
Attorney(s) - Defense – For defendant St. George Steel: Brent E. Johnson and Robert S. Fox of Holland & Hart; for defendant Titan Steel: Michael E. Hayes of Mazuran & Hayes; for third-party defendant Simpson Steel: Joseph E. Minnock of Morgan, Minnock, Rice & James; owner Kenneth Cannon filed a pro se answer on behalf of third-party defendant Cannon Painting.
Expert Witness(es) - Plaintiff – Plaintiff designated Frank D. DeRosso and Kelly Dodge of RMEC Environmental, Incorporated; Ernst-Gilbert Schreiber, MD; and Richard E. Kanner, MD.
Damages – Plaintiff claimed unspecified past and future medical expenses. He also reserved the right to file a possible future claim on the issue of future loss of earning capacity, claiming he may be prevented from seeking gainful employment at some time in the future if his condition worsens.
Facts/Contentions – Plaintiff stated in his complaint that in 1997 he accepted a job as the manager for The Storage Center which required him to live on the premises. He moved into the manager’s apartment at The Storage Center and remained there for the next seven years. Plaintiff claimed defendants St. George Steel and Titan Steel performed sandblasting operations in the area, using crystalline silica in the course of their ordinary business. Plaintiff claimed that he developed silicosis as a result of his continued exposure to the crystalline silica. Plaintiff claimed defendants St. George Steel and Titan Steel were negligent in failing to protect plaintiff form the crystalline silica. Plaintiff also claimed defendants St. George Steel and Titan Steel committed trespass when they allowed the crystalline silica to invade plaintiff’s living space in such a way that plaintiff was unable to avoid inhaling it.
Defendant Titan Steel denied liability, claiming it sold all its assets to defendant St. George Steel and ceased doing business in 2001.
Defendant St. George Steel denied liability and also denied violating any standard of care. Defendant St. George Steel filed a third-party claim against defendants Cannon Painting and Simpson Steel, claiming they worked on defendant Titan Steel’s property and performed operations in the course of their ordinary business which caused plaintiff’s silicosis.
Defendant Simpson Steel denied liability, claiming plaintiff’s injuries were caused by his own negligence or that of third parties over whom defendant Simpson Steel had no control. Owner Kenneth Cannon filed an answer on behalf of defendant Cannon Painting in which he claimed that he asked the maintenance man at The Storage Center if defendant Cannon Painting’s operations were bothering anyone at The Storage Center and was told that they were not.

PERSONAL INJURY CLAIM
Case Type – AA, MA; automobile/motorcycle accident
Case Name – Andrew C. Moran; and Erika Moran vs. Nancy R. Johnson; and Robert O. Johnson
Case Number – 050904413
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 03/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff Andrew Moran suffered a fractured elbow; two lumbar vertebral fractures; a dislocated clavicle and dislocated ribs; bilateral shoulder dislocations which required surgery; a soft-tissue injury to his right knee; and cuts, bruises and abrasions. Plaintiff Andrew Moran claimed permanent scarring and permanent impairment, including lifting restrictions incurred because of his spinal injuries. Plaintiff Erika Moran suffered a loss of consortium (the companionship, society and support of her husband during the time he was injured).
Attorney(s) - Plaintiff – Timothy C. Houpt of Jones, Waldo, Holbrook & McDonough
Attorney(s) - Defense – Jeannine Bennett
Damages –Plaintiff Andrew Moran claimed approximately $26,000 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity. Defendant Erika Moran claimed unspecified past damages for loss of consortium.
Facts/Contentions – Plaintiff Andrew Moran was riding his motorcycle on eastbound 4700 South and slowed for traffic which was stopped for the red light at the 3900 West intersection. Plaintiffs claimed defendant Nancy Johnson, driving a vehicle owned by defendant Robert Johnson, rear-ended defendant Andrew Moran at speed and without braking, knocking plaintiff Andrew Moran off his motorcycle and up onto the hood of defendant’s vehicle, from where he landed in the roadway. Plaintiffs claimed defendant Nancy Johnson was mentally impaired and was incapable of operating a vehicle safely in traffic; plaintiffs claimed defendant Robert Johnson should not have allowed defendant Nancy Johnson to drive his vehicle because he knew she was incapable of operating it safely in traffic.
Defendants admitted that the accident occurred, but denied that defendant Nancy Johnson is mentally impaired. Defendant Nancy Johnson admitted that she failed to apply the brakes on her vehicle so as to avoid the collision. However, defendants claimed the accident was caused by the negligence of third parties over whom defendants had no control.

PERSONAL INJURY CLAIM
Case Type – AA, AR; Alcohol-related automobile accident
Case Name – Minh-Ai Thi Tran vs. Jaime Rodrigo Yanza
Case Number – 040924815
Court/Judge – 3rd District/Henriod; then Roth
Verdict /Settlement – Settlement, 03/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered multiple serious injuries and claimed permanent impairment.
Attorney(s) - Plaintiff – Michael A. Katz of Siegfried & Jensen
Attorney(s) - Defense – Paul H. Matthews, Richard N. Barnes, W. Kevin Tanner and Warren Wadsworth of Paul H. Matthews & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses and wage loss. Plaintiff also sought punitive damages for what she claimed was defendant’s willful and reckless disregard of plaintiff’s safety.
Facts/Contentions – Plaintiff was northbound on Redwood Road. At the California Street intersection, plaintiff claimed, defendant, who was under the influence of alcohol, drove south in the northbound lanes of Redwood Road and collided head-on with a third-party vehicle. Plaintiff claimed the impact forced defendant’s vehicle into the rear driver’s side of plaintiff’s vehicle. Plaintiff claimed she had no way of avoiding the accident. Plaintiff sought punitive damages in connection with her claim that defendant was driving under the influence of alcohol.
Defendant denied driving under the influence of alcohol and also denied liability, claiming the accident was caused by third persons, events or conditions beyond defendant’s control. Because defendant denied driving under the influence of alcohol, defendant claimed no basis existed to justify an award of punitive damages.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Peggy Ashe vs. Rosanna Malisa Somchith
Case Number – 040921649
Court/Judge – 3rd District/Lewis
Verdict /Settlement – Settlement, 03/06
Amount – Plaintiff accepted an offer of judgment from defendant in the amount of $16,561.86, which included $12,000 in general damages (pain and suffering) and $4,561.86 to cover outstanding personal injury protection (PIP) and Med-Pay liens.
Injuries – Plaintiff suffered back and neck soft-tissue injuries.
Attorney(s) - Plaintiff – James K. Tracy of LeBoeuf, Lamb, Green & MacRae; then of Mabey Murray
Attorney(s) - Defense – Kevin S. Gardner and Vaun B. Hall of Epperson & Rencher
Expert Witness(es) - Plaintiff – Plaintiff designated Dennis J. Wyman, MD.
Expert Witness(es) - Defense – Defendant designated Stephen P. Marble, MD.
Damages – Plaintiff sought $30,000 in combined general and special damages.
Facts/Contentions – Plaintiff claimed defendant made an improper turn and struck plaintiff’s vehicle at 6191 South State Street. Plaintiff claimed defendant was cited at the scene by the investigating officer for making an improper turn.
Defendant denied liability, claiming plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant had no control. Alternatively, defendant claimed the accident was caused by unforeseeable and uncontrollable events and/or conditions. Defendant also claimed plaintiff failed to name indispensable parties in her suit.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Penni Taylor-Green vs. Kevin Doyle
Case Number – 040924833
Court/Judge – 3rd District/Peuler
Verdict /Settlement – Settlement, 03/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered neck and shoulder injuries.
Attorney(s) - Plaintiff – Mitchel Zager
Attorney(s) - Defense – Mark Dalton Dunn of Victoria K. Kidman & Associates
Expert Witness(es) - Plaintiff – John Berman, MD was plaintiff’s treating physician. Expert Witness(es) - Defense – F. Jackson Millett, MD performed an independent medical evaluation (IME) at defendant’s request.
Damages – Plaintiff claimed unspecified past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle at the intersection of 3500 West and 3500 South.
Defendant denied liability, claiming plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendant had no control. Alternatively, defendant claimed the accident was caused by unforeseeable and uncontrollable events and/or conditions. Defendant also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Herman Govan vs. Tarren Youlton and In Style Bridal
Case Number – 050916797
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered a herniated disc at L4/5 with left-side radiculopathy. The pain became so severe that doctors advised him not to attempt to drive home. Two days after the accident, plaintiff was transported by ambulance to the emergency room at the Portneuf Medical Center in Pocatello. Plaintiff later underwent a discectomy and fusion with a bone graft from his hip and hardware installation. He is permanently impaired, with a lifting restriction of no more than 50 pounds occasionally.
Attorney(s) - Plaintiff – Gregory W. Stevens
Attorney(s) - Defense – Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff – Plaintiff was treated by Benjamin Blair, MD.
Damages – Plaintiff claimed approximately $30,000 in past medical expenses and substantial unspecified past wage loss. He was self-employed as a plumber, and claimed that because he was unable to work following the accident, he could not pay the mortgage payments on his home and the home went into foreclosure. He claimed he lost jobs while he was unable to work and was forced to hire workers to keep his business going. Because he is permanently disabled, he can no longer work as a plumber; he claimed 19 years’ worth of future diminished earning capacity at $130,000 per year, or $2.47 million. Plaintiff also sought punitive damages for what he claimed was defendant’s reckless and willful disregard for the safety of others.
Facts/Contentions – Plaintiff, a resident of Pocatello, Idaho, was northbound in the right lane of the Foothill Boulevard off-ramp of I-215. Plaintiff claimed defendant Youlton, who was also northbound, but traveling in the left lane of the off-ramp, suddenly veered into plaintiff’s lane in an attempt to avoid a stalled vehicle and crashed into plaintiff’s vehicle. Plaintiff claimed defendant Youlton was in the course and scope of her employment with defendant In Style at the time of the accident. Plaintiff named defendant In Style under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendant Youlton admitted that she owns and operates In Style Bridal, but denied that she was acting on behalf of defendant In Style when the accident occurred. Defendant Youlton admitted that she attempted to avoid colliding with the stalled vehicle and admitted that plaintiff’s vehicle was damaged, but denied liability. Defendant Youlton disputed the claim for punitive damages and denied acting willfully and recklessly; she claimed plaintiff’s injuries were caused by his own failure to keep a proper look-out and take reasonable evasive action on sighting the stalled vehicle. Alternatively, defendant Youlton claimed plaintiff’s injuries were caused by the negligence of third parties over whom defendant Youlton had no control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Christone Rollins vs. Cindy Athmann; and Lori Gagnon
Case Number – 050916805
Court/Judge – 3rd District/Himonas
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Brent Gordon, then David R. Tullis, of Driggs, Bills & Day
Attorney(s) - Defense – For defendant Athmann: Lance H. Locke of Victoria K. Kidman & Associates; for defendant Gagnon: Paul H. Matthews, Richard N. Barnes and Kevin Tanner of Paul H. Matthews & Associates
Damages – Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses.
Facts/Contentions – Plaintiff was traveling east on 7800 South at about 1300 West, and slowed for a pedestrian crossing at a crosswalk. Plaintiff claimed both defendants rear-ended plaintiff’s vehicle.
Defendant Athmann admitted that the accident occurred, but denied liability, claiming that defendant Gagnon failed to slow her vehicle and slammed into the back of defendant Athmann’s vehicle, pushing it into the rear of plaintiff’s vehicle.
Defendant Gagnon denied liability and claimed the accident was caused by plaintiff’s own negligence or by third persons, events or conditions beyond defendant Gagnons’s control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Metlife Auto & Home Insurance vs. Daniger Distributing; and Devin P. Gonsalues
Case Number – 050918602
Court/Judge – 3rd District/Hilder
Verdict /Settlement – Dismissal, 04/06
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 complaint.
Injuries – Plaintiff’s insured suffered unspecified injuries.
Attorney(s) - Plaintiff – Glen A. Cook of Cook, Skeen & Robinson
Attorney(s) - Defense – None listed
Damages – Plaintiff paid its insured $3,000 in unspecified damages.
Facts/Contentions – Plaintiff claimed defendant Gonsalues failed to stop at the intersection of 5600 South and Redwood Road and rear-ended a vehicle driven by plaintiff’s insured. Plaintiff claimed defendant Gonsalues was in the course and scope of his employment with defendant Daniger at the time of the accident. Plaintiff named defendant Daniger under the doctrine of respondeat superior, which holds that an employer is liable for damages caused by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Michelle Takemori vs. Matthew R. Jeffers
Case Number – 050920463
Court/Judge – 3rd District/Reese
Verdict /Settlement – Dismissal, 04/06
Amount – The court dismissed this case for unspecified reasons.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Mel S. Martin and Edward T. Wells
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed combined general and special damages of over $10,000.
Facts/Contentions – Plaintiff claimed defendant negligently collided with plaintiff’s vehicle about 600 feet south of 2700 South on I-15. Plaintiff claimed defendant failed to maintain a proper look-out. Plaintiff demanded that the case be submitted to arbitration.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Marion Thomas vs. Shauna Dilley
Case Number – 050922600
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – James L. Mouritsen, then Richard K. Spratley, of Gregory Swapp
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed over $3,000 in past medical expenses and sought $20,000 in general damages (pain and suffering).
Facts/Contentions – Plaintiff was southbound on I-15 near 4700 South. Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff slowed for traffic ahead. Plaintiff elected to resolve this case through binding arbitration.

PERSONAL INJURY CLAIM
Case Type – AA, BA; Automobile/bicycle accident
Case Name – Anique Beauregard on behalf of minor plaintiff Patrice James vs. Johanna Weteling
Case Number – 050921125
Court/Judge – 3rd District/Kennedy
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Minor plaintiff Patrice James suffered serious injuries and was transported by ambulance to Jordan Valley Hospital. Plaintiffs claimed she suffered permanent impairment.
Attorney(s) - Plaintiff – Randal G. Payne of Siegfried & Jensen
Attorney(s) - Defense – Peter H. Christensen of Strong & Hanni
Damages – Plaintiffs claimed unspecified past and future medical expenses on behalf of minor plaintiff Patrice James.
Facts/Contentions – Plaintiffs claimed minor plaintiff Patrice James was westbound, riding her bicycle on East Park Street, when she was involved in a collision with defendant, who was driving down the middle of 500 East without headlights.
Defendant admitted that the accident occurred, but denied liability, claiming the accident was caused by minor plaintiff Patrice James or by third parties over whom defendant had no control.

PERSONAL INJURY CLAIM
Case Type – AA, TA; Automobile/truck accident
Case Name – Cathleen Barker vs. Salvatore Lettieri; and Nelson’s Tents & Events
Case Number – 040925006
Court/Judge – 3rd District/Lubeck
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered annular tears at L4/5 and a broad-based posteriolateral interforaminal herniated disc at L5/S1. She claimed permanent impairment.
Attorney(s) - Plaintiff – Bryan A. Larson of Larson, Turner, Dalby & Ethington
Attorney(s) - Defense – Robert L. Janicki, Peter H. Christensen and Steven T. Densley of Strong & Hanni
Expert Witness(es) - Plaintiff – Plaintiff designated E. Paul France, PhD–biomechanical expert; Junius Clawson, MD–medical expert; and treating physicians Paul E. Pilgrim, MD; John Macfarlane, MD; Timothy Mellin, DC; Lance Rowlands, MD; and Michael Giovanello, MD.
Expert Witness(es) - Defense – Jayne E. Clark, MD performed an independent medical evaluation (IME) at defendants’ request.
Damages – Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity. Plaintiff also claimed unspecified past property damages.
Facts/Contentions – Plaintiff was westbound in the center (#1) lane of I-80 at 700 East. Plaintiff claimed defendant Lettieri, who was in the course and scope of his employment with defendant Nelson’s Tents & Events and was driving a pick-up truck owned by defendant Nelson’s Tents & Events, rear-ended plaintiff after plaintiff slowed for traffic congestion. Plaintiff claimed the impact pushed her vehicle into a third-party vehicle ahead of her.
Plaintiff named defendant Nelson’s Tents & Events under the doctrine of respondeat superior, which holds that an employer is liable for damages cause by that employer’s employee if the employee was in the course and scope of his or her employment with that employer at the time when the employee caused the damages.
Defendants denied liability, claiming plaintiff’s injuries were caused by her own negligence or that of third parties over whom defendants had no control. However, the parties later stipulated to defendants’ liability to plaintiff.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Virginia Tenorio vs. Mattea C. Snedeger
Case Number – 050907653
Court/Judge – 3rd District/Barrett
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount. Offer of judgment by defendant (not accepted by plaintiff): $1,000 new money (over and above what was paid by plaintiff’s insurance carrier in the form of personal injury protection or PIP benefits)
Injuries – Plaintiff suffered soft tissue cervical spinal and right shoulder injuries.
Attorney(s) - Plaintiff – Brent Gordon of Driggs, Bills & Day
Attorney(s) - Defense – Peter H. Christensen of Strong & Hanni
Expert Witness(es) - Defense – Scott Knorpp, MD performed an independent medical examination (IME) at defendant’s request. Defendant also designated E. Paul France, PhD–biomechanical expert.
Damages – Plaintiff claimed over $3,000 in past medical expenses, as well as other unspecified special and general damages.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle when plaintiff stopped for a pedestrian at the intersection of 4445 South and 1750 West.
Defendant denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type – AA, CX, OC; Automobile accident, separate attorney’s lien claim, ongoing case
Case Name – Cynthia A. Johnsen vs. Sarah Cornu
Case Number – 050909363
Court/Judge – 3rd District/Dever
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount. Attorney Hartwig’s suit against plaintiff to recover from the attorney’s lien he filed on the settlement proceeds in this case is ongoing.
Injuries – Plaintiff suffered shoulder injuries, a left facial/jaw contusion that created temporomandibular dysfunction, a low back injury which required disc surgery, and numerous bruises and contusions. She reported ongoing pain and severe headaches.
Attorney(s) - Plaintiff – David Hartwig; then Richard C. Dibblee
Attorney(s) - Defense – Lloyd R. Jones of Petersen & Associates
Damages – Plaintiff claimed $35,000 in combined special damages and sought $250,000 in general damages (pain and suffering).
Facts/Contentions – Plaintiff was southbound on Highland Drive, approaching the intersection at 3605 South. Defendant was westbound on 3605 South and had stopped at the stop sign there. Plaintiff claimed that, as she approached the intersection, defendant suddenly pulled out into the intersection in front of plaintiff’s vehicle so that plaintiff was unable to avoid striking defendant’s vehicle.
Defendant admitted that the accident occurred, but denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant also suggested that plaintiff’s injuries might have been pre-existing.
Attorney Hartwig filed an attorney’s lien on this claim, and plaintiff filed a motion to release the lien. Attorney Hartwig then filed a separate suit against plaintiff in Third District Court (case number 040924002) claiming that according to the retainer agreement plaintiff signed when attorney Hartwig agreed to represent plaintiff, plaintiff owed attorney Hartwig hourly compensation for all the time attorney Hartwig put into the case before plaintiff’s attorney/client relationship with attorney Hartwig ended. Before the attorney/client relationship ended, attorney Hartwig stated in his complaint, plaintiff filed a complaint against attorney Hartwig with the Utah State Bar’s Office of Attorney Discipline; that complaint was later dismissed.
When this case settled, attorney Hartwig moved the court to order plaintiff and her current attorney to deposit the settlement proceeds with the court pending a determination on his suit to enforce the lien. Plaintiff moved to quash attorney Hartwig’s discovery demands in his suit on the lien; attorney Hartwig objected.

PERSONAL INJURY
Case Type – MS; Miscellaneous (automatic door injury)
Case Name – Myrle Walker vs. PNS Stores, Incorporated dba Big Lots
Case Number – 050910251
Court/Judge – 3rd District/Frederick
Verdict /Settlement – Settlement, 04/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered a broken wrist and other unspecified injuries. She lost consciousness at the scene after the door knocked her to the sidewalk.
Attorney(s) - Plaintiff – Peter C. Collins
Attorney(s) - Defense – Dale J. Lambert of Christensen & Jensen
Damages – Plaintiff claimed unspecified past and future medical expenses and loss of household services.
Facts/Contentions – Plaintiff was an invited customer at defendant’s Big Lots store on 656 East 200 South. Plaintiff, an elderly woman, had just come out of the store and was standing in front of the store waiting for a shopping companion to pick her up in a car. Plaintiff claimed that the automatic exit door malfunctioned and struck plaintiff as another shopper exited the building. Plaintiff claimed defendant knew or should have known the door was not functioning correctly and should have taken steps to repair the door or warn customers about it.
Defendant denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control, specifically the shopper who was exiting the store when the door struck plaintiff.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Carlos Collins vs. Dang V. Vu
Case Number – 050916425
Court/Judge – 3rd District/Kennedy
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered injuries to his head, neck, shoulders and back; some of these injuries required immediate care.
Attorney(s) - Plaintiff – William R. Rawlings and Kenneth L. Christensen of the Law Office of William R. Rawlings
Attorney(s) - Defense – Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiff claimed unspecified past medical expenses and wage loss, future medical expenses and future loss of earning capacity.
Facts/Contentions – Plaintiff was northbound on Redwood Road. Plaintiff claimed defendant, who was northbound and traveling ahead of plaintiff, suddenly veered across three lanes of traffic without warning, colliding with plaintiff’s vehicle in the process.
Defendant denied liability, claiming 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 failed to meet the $3,000 threshold for special damages required by Utah law before an injured plaintiff may sue.
After defendant filed an answer in this case, plaintiff agreed to submit the matter to binding arbitration.

PERSONAL INJURY
Case Type – AA, UM, IB; Automobile accident, uninsured motorist, suit for insurance benefits (bad faith)
Case Name – Tanh Van Tran vs. Allstate Insurance Company; Allstate Property & Casualty Insurance Company; and Allstate Fire & Casualty Insurance Company
Case Number – 050909679
Court/Judge – 3rd District/Adkins
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Richard K. Spratley of Gregory, Barton & Swapp; then of Gregory Swapp
Attorney(s) - Defense – Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiff claimed unspecified past medical expenses and wage loss.
Facts/Contentions – Plaintiff had uninsured motorist coverage on his automobile; the policy was written by defendants. Plaintiff was involved in an automobile accident with an uninsured motorist at 5325 West 3830 South. Plaintiff claimed defendants refused to pay him the uninsured motorist benefits to which he was entitled under the terms of his policy with defendants.
This case settled before defendant filed an answer.

PERSONAL INJURY
Case Type – AA, PA; Automobile/pedestrian accident
Case Name – Richard Chacon; and Tiffani Cook as parents and next friends of minor plaintiff Kanein Chacon vs. Glenda Stark
Case Number – 050912621
Court/Judge – 3rd District/Roth
Verdict /Settlement – Dismissal, 05/06
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 – Minor plaintiff suffered unspecified serious injuries which caused permanent impairment.
Attorney(s) - Plaintiff – Roger H. Hoole of Hoole & King
Attorney(s) - Defense – None listed
Damages – Minor plaintiff incurred over $149,000 in past medical expenses and will need substantial medical care in the future. Minor plaintiff also claimed unspecified loss of future earning capacity. Plaintiffs claimed they provided past personal care and household services to minor plaintiff and will do so in the future, incurring unspecified expenses in doing so.
Facts/Contentions – Plaintiffs claimed that three-year-old minor plaintiff was crossing Fenton Avenue at approximately 350 East on foot when he was struck and run over by defendant’s vehicle, which was westbound on Fenton Avenue.

PERSONAL INJURY
Case Type – AA, AR; Alcohol-related automobile accident
Case Name – Kristine B. Taylor vs. Julia Mojica
Case Number – 050911076
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered unspecified injuries; she claimed permanent impairment.
Attorney(s) - Plaintiff – John Warren May of Dunn & Dunn
Attorney(s) - Defense – Lowell V. Smith and Trent D. Holgate of Smith & Glauser
Damages – Plaintiff claimed unspecified past and future medical expenses, past wage loss and future loss of earning capacity. Plaintiff also sought $250,000 in punitive damages for what she claimed was defendant’s reckless, willful disregard for the safety of others.
Facts/Contentions – Plaintiff was southbound on 3200 West near 6580 South. Plaintiff claimed defendant, who was northbound on 3200 West and was driving under the influence of alcohol, crossed the center line and struck plaintiff’s vehicle.
Defendant denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant had no control. Defendant disputed the claim for punitive damages, contending that she did not act with malice. Defendant admitted consuming alcohol prior to driving, but denied driving drunk.

PERSONAL INJURY
Case Type – AA, BA; Automobile/bicycle accident
Case Name – Maria del Rocio Perez as natural mother and guardian to minor plaintiff Abraham Perez vs. Pedro Ortega Perez
Case Number – 060903380
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Minor plaintiff suffered multiple serious injuries resulting in permanent impairment.
Attorney(s) - Plaintiff – Michael A. Katz of Siegfried & Jensen
Attorney(s) - Defense – This case was settled with an insurance adjuster from Allstate Insurance Company.
Damages – Minor plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions – Minor plaintiff was riding his bicycle south on 200 East at approximately 2370 South. Plaintiffs claimed defendant, who was northbound on 200 East and had stopped to drop off a friend, drove on without looking for traffic after the friend left his vehicle and struck minor plaintiff.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Lindsay Parkerson vs. Daniel J. Ross
Case Number – 060904661
Court/Judge – 3rd District/Himonas
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount. Prior to settling, plaintiff elected to submit this case to arbitration.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Richard K. Spratley of Gregory Swapp
Attorney(s) - Defense – None listed
Damages – Plaintiff sought past medical expenses of over $3,000, as well as unspecified future medical expenses.
Facts/Contentions – Plaintiff was westbound on 4530 South. As she drove through the intersection at Atherton Drive, plaintiff claimed, defendant, who was eastbound on 4530 South, made an improper left turn and struck plaintiff’s vehicle.

PERSONAL INJURY
Case Type – TA, BA, UM; Truck/bicycle accident, uninsured motorist
Case Name – Bear River Mutual Insurance Company vs. Kaye Spencer and Donald R. Spencer
Case Number – 060905774
Court/Judge – 3rd District/Hilder
Verdict /Settlement – Verdict, 05/06
Amount – The court entered judgment against the defendant in the amount of $3,383.56, which included $252.56 in accrued interest and $131 in costs.
Injuries – Plaintiff’s insured suffered unspecified injuries.
Attorney(s) - Plaintiff – Daniel O. Duffin of Duffin & Associates
Attorney(s) - Defense – None listed
Damages – Plaintiff paid its insured $3,000 in personal injury protection (PIP) benefits to cover the insured’s medical expenses.
Facts/Contentions – Plaintiff claimed defendant Kaye Spencer, driving a pick-up truck owned by defendant Donald Spencer, negligently pulled away from the curb at State Road 150 and Center Street in Kamas, Utah without looking for traffic and struck plaintiff’s insured, knocking plaintiff’s insured off her bike. Plaintiff claimed defendants were uninsured at the time of the accident.

PERSONAL INJURY
Case Type – AA; Automobile accident
Case Name – Jeffrey R. Clegg vs. David B. Curtis Jr.
Case Number – 050917479
Court/Judge – 3rd District/Brian; then Iwasaki
Verdict /Settlement –Dismissal, 05/06 Amount – Per stipulation of the parties, the court dismissed this case without prejudice. This case was mediated.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Richard K. Spratley of Gregory, Barton & Swapp; then of Gregory Swapp
Attorney(s) - Defense – Leonard E. McGee of Stegall & Associates
Expert Witness(es) - Plaintiff – Plaintiff designated Alan B. Brown, MD; Timothy S. Grange, MD; Eric J. Harrison, DC; Lauren O. Florence, MD; Terry C. Sawchuk, MD; Karen Dittrich, MD; E. Warren Stadler, MD; Brad Davis, PA-C; and Rick Wortley, PT.
Expert Witness(es) - Defense – Defendant designated MRA Forensic Sciences; and Stephen P. Marble, MD–independent medical evaluation (IME) physician.
Damages – Plaintiff claimed over $3,000 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff was northbound on Sweet Basil South and then made a left turn onto 6020 South. Immediately after making the turn, plaintiff slowed for a dip in the road. Plaintiff claimed defendant rear-ended plaintiff’s vehicle as plaintiff slowed.
Defendant denied liability, claiming plaintiff’s injuries were caused by the negligence of third parties over whom defendant had no control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident claim
Case Name – Jeff Compton vs. Jinelle Barrow; and Does 1 through 10
Case Number – 050913641
Court/Judge – 3rd District/Himonas; then Lindberg; plaintiff requested that this case be submitted to binding arbitration, but a case management order was later signed by both parties and discovery continued.
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered injuries to his head, neck, shoulders and back; some of his injuries required immediate care.
Attorney(s) - Plaintiff – Kenneth L. Christensen of the Law Offices of William R. Rawlings
Attorney(s) - Defense – Peter H. Barlow, Lisa Grey and Jeremy G. Knight of Strong & Hanni
Damages – Plaintiff claimed unspecified past and future medical expenses and past wage loss. Plaintiff also claimed past damages for articles he used in his employment which were damaged in the collision.
Facts/Contentions – Plaintiff was eastbound on 12600 South. Plaintiff claimed defendant Barrow made an improper left turn across traffic in an attempt to head west on 12600 South and struck plaintiff’s vehicle. Plaintiff named the Doe defendants as having in some way been responsible for causing plaintiff’s injuries. Defendant Barrow denied liability, claiming plaintiff’s injuries were the result of plaintiff’s own negligence or that of third parties over whom defendant Barrow had no control.

PERSONAL INJURY CLAIM
Case Type – BA, PA, WA; Work-related bus/pedestrian accident claim
Case Name – Margaret Hall vs. Utah Transit Authority (UTA)
Case Number – 050914179
Court/Judge – 3rd District/Fratto
Verdict /Settlement – Dismissal, 05/06
Amount – After the court gave the parties notice that the case might be dismissed for lack of prosecution, plaintiff voluntarily dismissed the action with prejudice.
Injuries – Plaintiff suffered injuries to her right leg.
Attorney(s) - Plaintiff – D. Scott Berrett, then David R. Tullis, of Driggs, Bills & Day
Attorney(s) - Defense – Kathryn Pett, UTA Corporate Counsel
Damages – Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions – Plaintiff was a paying passenger on a bus operated by defendant UTA and driven by an employee of defendant UTA when a passenger sitting across from plaintiff got up and left his seat vacant at a designated bus stop. Plaintiff stated that she got up out of her seat to move across the aisle and occupy the now-vacant seat. However, plaintiff claimed, before she could sit down in the vacant seat, the driver drove away from the bus stop, and the motion of the bus caused plaintiff to fall down in the aisle. Plaintiff claimed the driver failed to operate the bus safely.
Plaintiff named defendant UTA under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by 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 employee caused the damages.

PERSONAL INJURY CLAIM
Case Type – MS, WA, OC; Miscellaneous work-related claim (claim for work-related injury caused by falling I-beams), ongoing case
Case Name – Celso Magana; and Yolanda Magana vs. ABM Crane Rental; Dave Roth Construction; and Does 1 through 5
Case Number – 050914998
Court/Judge – 3rd District/Hanson
Verdict /Settlement – Dismissal, 05/06
Amount – In accordance with a stipulation by plaintiffs, defendant ABM Crane Rental was dismissed from this case with prejudice. The action against the other parties is ongoing. After defendant ABM Crane Rental was dismissed form the action, defendant Dave Roth Construction filed notice that it intends to seek apportionment of fault to dismissed defendant ABM Crane Rental in any future trial proceedings that take place in this case.
Injuries – Plaintiff Celso Magana suffered dislodged vertebrae in his lower back, and his spinal cord was severed at T10/11. He is severely, irremediably and permanently impaired. The lower half of his body is completely paralyzed, and he will need ongoing medical care and therapy for the rest of his life.
Attorney(s) - Plaintiff – Kevin Robson and York Major of Bertch Robson
Attorney(s) - Defense – For defendant Dave Roth Construction: Peter H. Barlow, J. Simon Cantarero and Jeremy G. Knight of Strong & Hanni; for defendant ABM Crane Rental: Jaryl L. Rencher and Vaun B. Hall of Epperson & Rencher
Damages – Plaintiffs sought unspecified past and future medical expenses, past wage loss and future loss of earning capacity for plaintiff Celso Magana. They also sought unspecified general and hedonic damages for plaintiff Celso Magana (pain and suffering, loss of the enjoyment of life).
Plaintiff Yolanda Magana claimed she suffered loss of consortium (loss of the comfort, support and companionship provided by her husband, plaintiff Celso Magana) caused by her husband’s injuries.
Facts/Contentions – Plaintiffs are residents of Ogden. Plaintiffs claimed that at the time of this accident, plaintiff Dave Roth Construction was building a new Wal-Mart store and a Weinerschnitzel outlet at 1425 South 300 West in Salt Lake City. Plaintiffs claimed that by the date of the accident, construction had progressed to the point where the I-beam joists for the Wienerschnitzel outlet were being delivered to the site.
Plaintiff Celso Magana was an employee of a third-party subcontractor working on the job-site. Plaintiffs claimed that defendant ABM delivered a telescoping boom-truck crane to the site to handle the I-beams, and on the day of the accident the crane was rigged with a hoist containing a bundle of 23 I-beams, which were 35 feet long and weighed 3864 pounds. Plaintiffs claimed the riggers used two synthetic nylon-webbed slings and a tag-line to rig the load. Plaintiffs claimed the nylon slings were not sufficient to handle the load and were not approved for such loads. Plaintiffs claimed the riggers thus rigged the load unsafely, with the result that the I-beams , which were positioned directly over plaintiff Celso Magana, shifted, slipped out of the slings and struck plaintiff Celso Magana across his upper back.
Plaintiffs claimed defendant Roth’s project superintendent knew or should have known that the rigging of the load was unsafe.
Plaintiffs claimed the crane operator, who was an employee of defendant ABM, knew or should have known the rigging of the load was unsafe.
Alternatively, plaintiffs claimed defendants Roth and ABM failed to train their employees properly so that the employees failed to recognize the hazards inherent in the way the I-beams were rigged.
Plaintiffs named defendants Roth and ABM under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by 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 employee caused the damages. Plaintiffs named the Doe defendants as having in some way been responsible for causing plaintiffs’ injuries. Defendant Dave Roth Construction denied liability, contending that plaintiffs’ injuries were caused by the negligence of plaintiff Celso Magana or that of third parties over which defendant Dave Roth Construction had no control, including, but not limited to, plaintiff Celso Magana’s employer and co-defendant ABM Crane Rental. Defendant ABM Crane Rental denied liability, contending that plaintiffs’ injuries were caused by the negligence of third parties over whom defendant ABM Crane Rental had no control.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident claim
Case Name – Emily Perrenoud vs. Leeann Ballard; and Does 1 through 10
Case Number – 050915233
Court/Judge – 3rd District/Hanson; this case was submitted to binding arbitration before Paul H. Matthews.
Verdict /Settlement – Dismissal, 05/06
Amount – The arbitrator awarded plaintiff $20,995.59, which defendant’s insurance carrier paid in full.
Plaintiff therefore dismissed her court complaint against defendant with prejudice.
Injuries – Plaintiff suffered injuries to her head, neck and back which caused concussion, headaches, bilateral shoulder pain, bilateral hip pain, blurred vision and sleep problems.
Attorney(s) - Plaintiff – A. John Witkowski of the Law Offices of A. John Witkowski
Attorney(s) - Defense – J. Kelly Walker of Peterson & Associates
Damages – Plaintiff claimed unspecified past and future medical expenses and wage loss.
Facts/Contentions – Plaintiff was northbound on 400 West. As she passed a parking lot located at approximately 10499 South, plaintiff claimed, defendant Ballard attempted to turn left from the parking lot onto southbound 400 West, struck plaintiff’s vehicle and caused it to roll.
Plaintiff named the Doe defendants as having in some way been responsible for causing plaintiff’s injuries. Defendant Ballard denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendant Ballard had no control. Defendant Ballard also suggested that plaintiff’s injuries might have been pre-existing.

PERSONAL INJURY CLAIM
Case Type – MS, ED; Miscellaneous claim (complaint of alienation of affections), claim for intentional infliction of emotional distress
Case Name –(Name of case withheld)
Case Number – 050916128
Court/Judge – 3rd District/Dever
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff claimed defendant prevented plaintiff’s marriage from continuing.
Attorney(s) - Plaintiff – Kathleen McConkie and Michelle R. O’Neil of the Law Offices of Kathleen McConkie
Attorney(s) - Defense – Paige Bigelow of Kruse, Landa, Maycock & Ricks
Damages – Plaintiff sought $500,000 in punitive damages for what she claimed was defendant’s willful, reckless and intentional infliction of emotional distress upon plaintiff.
Facts/Contentions – Plaintiff and her husband were married for 15 years and had two children together.
Plaintiff claimed defendant alienated the affections of plaintiff’s husband from plaintiff after plaintiff and her husband had been married for 13 years, with the result that plaintiff’s husband had an affair with defendant. Plaintiff claimed defendant went to work at the company plaintiff and her husband started and deliberately used the proximity to plaintiff’s husband which this job afforded to seduce plaintiff’s husband and foil plaintiff’s attempts to effect a reconciliation and save the marriage. Plaintiff claimed her marriage to her husband failed to survive as a direct result of this affair, and after plaintiff’s marriage dissolved, defendant and plaintiff’s ex-husband married.
This case settled before defendant filed an answer.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident claim
Case Name – Creshelle Suapaia vs. Jonathan D. Shurtleff; and Gans Ink and Supply, Incorporated
Case Number – 050916701
Court/Judge – 3rd District/Medley
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered a cervical sprain/strain injury, a lumbar sprain/strain injury, and multiple contusions which left her with left-knee pain and left-arm pain. She claimed that she might have suffered permanent impairment in the accident.
Attorney(s) - Plaintiff – J. Jordan Christianson of Robert J. DeBry & Associates
Attorney(s) - Defense – Robert L. Janicki, Peter H. Christensen and Michael L. Ford of Strong & Hanni
Damages – Plaintiff claimed $4,000 in past medical expenses and also claimed unspecified future medical expenses, past wage loss and possible future loss of earning capacity.
Facts/Contentions – Plaintiff was eastbound on 2100 South. Plaintiff claimed defendant Shurtleff was stopped in the left-turn lane of eastbound 2100 South at 600 West, and a third vehicle was slowing to a stop on northbound 600 West. Plaintiff claimed that as she approached the intersection at 600 West, defendant Shurtleff suddenly made an improper right turn directly in front of plaintiff’s vehicle so that plaintiff was unable to avoid a collision. After being struck by defendant’s vehicle, plaintiff claimed, her vehicle struck the third vehicle which was northbound on 600 West. Plaintiff claimed defendant Shurtleff was in the course and scope of his employment with defendant Gans at the time of the accident.
Plaintiff named defendant Gans under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by 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 employee caused the damages.
Defendants denied liability, claiming plaintiff’s injuries were caused by plaintiff’s own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY CLAIM
Case Type – AA, IB, UM, CX; Automobile accident injury claim, suit for insurance benefits (bad faith claim), underinsured motorist claim, third-party claim
Case Name – Paul Dowland vs. Auto Owners Insurance Company Auto Owners Insurance Company vs. Rachel Peterson
Case Number – 050916581
Court/Judge – 3rd District/Kennedy
Verdict /Settlement – Dismissal, 05/06
Amount – Pursuant to a stipulation by the parties, the court dismissed this claim without prejudice.
Injuries – Plaintiff suffered unspecified serious injuries. Third-party defendant also suffered unspecified injuries which required her to spend several months in rehabilitation therapy.
Attorney(s) - Plaintiff – Peter C. Collins
Attorney(s) - Defense/Third-Party Plaintiff – Richard K. Glauser and Tracy Wilder of Smith & Glauser
Attorney(s) - Third-Party Defendant - John N. Braithwaite of Plant, Christensen & Kanell
Damages – Plaintiff sought unspecified damages under the underinsured motorist clause of his policy with defendant.
Defendant sought unspecified damages from third-party defendant.
Facts/Contentions – Plaintiff was injured in an automobile accident that occurred on Traverse Road at approximately 535 East. Plaintiff was insured under a policy written by defendant Auto Owners, which contained an underinsured motorist clause with a maximum of $500,000 in coverage. Plaintiff claimed that when plaintiff filed a claim with defendant Auto Owners for these benefits, defendant Auto Owners refused to pay plaintiff in accordance with the terms of his policy.
Plaintiff claimed the driver of the other vehicle was negligent, and that the other driver’s negligence was the direct cause of the accident. Plaintiff claimed the other driver had only $25,000 in coverage on her insurance policy, and plaintiff’s damages were in excess of that amount. Plaintiff claimed the other driver’s insurance carrier offered to pay plaintiff the entire $25,000 in policy benefits to plaintiff if plaintiff’s insurer (defendant) agreed to waive rights of subrogation for underinsured motorist benefits and also agreed to waive rights of subrogation for medical and personal injury protection (PIP) benefits. Plaintiff claimed that defendant, instead of waiving these rights, paid plaintiff the $25,000 he would have received from the other driver’s insurer but then refused to pay any further benefits to plaintiff.
Defendant admitted paying plaintiff $25,000, but denied further liability, arguing that plaintiff’s negligence might have been the cause of the accident. Defendant further contended that plaintiff’s injuries might have been caused by the negligence of third parties over whom defendant had no control.
Defendant filed a third-party claim against the other driver involved in the accident, claiming that this driver’s negligence was the cause of plaintiff’s injuries. Defendant asserted full rights of subrogation with regard to any proceeds paid to plaintiff by the other driver or the other driver’s insurance carrier.
Third-party defendant, a resident of Phoenix, Arizona, denied causing the accident. Third-party defendant claimed that as she entered the intersection, there was a very large truck parked at the side of the road which obstructed third-party defendant’s view. Third-party defendant claimed that as she entered the intersection, plaintiff, traveling at a high rate of speed, struck third-party defendant’s vehicle. Third-party defendant stated in her answer that defendant was traveling so fast that there was no possibility of avoiding a collision, and that as a result of the accident, her van was totaled and came to rest in the ditch beside the road. Third-party defendant further stated that she spent several months in rehab because of the injuries she suffered in the accident.
Third-party defendant claimed that when she pointed the parked truck out to plaintiff after the accident, plaintiff ran to a nearby office and told the person who owned the truck to remove it. Third-party defendant claimed the person who owned the truck was a friend of plaintiff’s, and by the time police arrived at the scene, the truck had been driven away. Plaintiff stated that she is a poor student, earns only enough to pay for her schooling and living expenses, and has no real assets.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident injury claim
Case Name – Kaylynn Schaelling vs. Danville Services Corporation; Danville Services Management; Danville Services of Utah; and Bruce Spencer
Case Number – 050920024
Court/Judge – 3rd District/Roth
Verdict /Settlement – Settlement, 05/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered injuries to her head, neck, spine and leg.
Attorney(s) - Plaintiff – Alan W. Mortensen of Dewsnup, King & Olsen
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant Spencer, who was in the course and scope of his employment with the Danville defendant(s) and was driving a van owned and operated by the Danville defendant(s), rear-ended plaintiff’s vehicle on the 3300 South off-ramp of I-15 after plaintiff came to a stop behind other traffic in response to a red light ahead. Plaintiff claimed defendant Spencer was speeding.
Plaintiff named the Danville defendants under the doctrine of respondeat superior, which holds that an employer is responsible for damages caused by 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 employee caused the damages.
Plaintiff voluntarily dismissed this claim before defendants filed an answer.

PERSONAL INJURY CLAIM
Case Type – AA, UM; Automobile accident, uninsured motorist
Case Name – Bear River Mutual Insurance Company vs. Jacqueline Pritchard
Case Number – 959812553
Court/Judge – 3rd District/Medley
Verdict /Settlement – Verdict, 06/06
Amount – The court entered judgment in favor of plaintiff in the amount of $3,330.43, which included $220.58 in accrued interest and $109.85 in costs.
Injuries – Plaintiff’s insured suffered unspecified injuries.
Attorney(s) - Plaintiff – Daniel O. Duffin of Duffin & Associates
Attorney(s) - Defense – None listed
Damages – Plaintiff paid its insured $3,000 in personal injury protection (PIP) benefits to cover the insured’s medical expenses. Defendant asserted full rights of subrogation.
Facts/Contentions – Plaintiff claimed defendant, a resident of Nevada, negligently rear-ended an automobile driven by plaintiff’s insured when the insured stopped for traffic on eastbound St. George Boulevard at I-15 exit 8 in St. George, Utah. Plaintiff claimed defendant’s vehicle was uninsured at the time of the accident.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Alfred Rich vs. Trenity Michael Jacobs
Case Number – 050916349
Court/Judge – 3rd District/Dever
Verdict /Settlement – Settlement, 06/06
Amount – This case settled for an undisclosed amount.
Injuries – Plaintiff suffered disc herniations at C3/4 and C4/5 which required surgical repair. Plaintiff underwent an anterior cervical discectomy and fusion. The accident also left plaintiff with chronic neck and low back pain, shoulder pain, left hand pain and bilateral hip pain.
Attorney(s) - Plaintiff – Preston L. Handy and Randy Payne of Siegfried & Jensen
Attorney(s) - Defense – Joseph E. Minnock of Morgan, Minnock, Rice & James
Damages – Plaintiff claimed $75,114.14 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity.
Facts/Contentions – Plaintiff claimed defendant rear-ended plaintiff’s vehicle after plaintiff stopped for traffic on westbound 3100 South at 2200 West.
Defendant contended that plaintiff’s claim was barred by a prior release, accord and satisfaction.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Teria Lee Farnsworth, individually and as guardian ad litem for minor plaintiff Christopher G. Russell, vs. Thuan Nguyen
Case Number – 050916571
Court/Judge – 3rd District/Iwasaki
Verdict /Settlement – Settlement, 06/06
Amount – This claim settled for an undisclosed amount. The case was mediated unsuccessfully.
Injuries – Plaintiffs suffered unspecified injuries.
Attorney(s) - Plaintiff – Brett G. Pearce of the Law Office of Brett G. Pearce
Attorney(s) - Defense – Lynn S. Davies and Nathan S. Morris of Richards, Brandt, Miller & Nelson
Damages – Plaintiff Farnsworth claimed $20,694.89 in past medical expenses, as well as unspecified future medical expenses. Plaintiff Russell claimed $3,013.90 in past medical expenses, as well as unspecified future medical expenses. Plaintiff Farnsworth claimed $410 in past wage loss and unspecified future loss of earning capacity.
Facts/Contentions – Plaintiffs were passengers in a vehicle driven by a third party. Plaintiff Farnsworth was sitting in the front seat, and minor plaintiff Russell was in the rear seat. Plaintiffs’ vehicle was southbound on Redwood Road and had stopped in the left-turn lane, intending to turn onto eastbound 4700 South. Plaintiffs claimed that when the left-turn signal turned green, the driver of their vehicle started to make the turn into eastbound 4700 South. Plaintiff claimed defendant, who was northbound on Redwood Road, ran the red light and struck plaintiff’s vehicle in the intersection.
Defendant denied liability and contended that the accident was caused by the negligence of the driver of plaintiffs’ vehicle. Defendant served plaintiffs with notice of defendant’s intent to apportion fault to the driver of plaintiff’s vehicle. Defendant claimed the driver of plaintiff’s vehicle drove into the intersection on a red light.

PERSONAL INJURY CLAIM
Case Type – AA, MA; automobile/motorcycle accident
Case Name – William Dean Lavender vs. Sasha A. Jepperson; and Does 1 through 10
Case Number – 050912095
Court/Judge – 3rd District/Frederick
Verdict /Settlement – Verdict, 06/06
Amount – The court entered partial judgment against defendant Jepperson in the amount of $137,724; the court reserved the right to amend and enlarge this judgment upon presentation of further proof of damages by plaintiff.
Injuries – Plaintiff suffered unspecified severe injuries; he claimed permanent impairment.
Attorney(s) - Plaintiff – J. Bruce Savage Jr., Park City
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed $137,724.20 in past medical expenses, as well as unspecified future medical expenses, past wage loss and future loss of earning capacity. Plaintiff worked full-time prior to the accident and has been unable to work since.
After the partial judgment was entered, plaintiff’s attorney informed the court that he is still attempting to determine the exact amounts of all the payments made to plaintiff by his several insurance carriers and is also attempting to determine the amount of plaintiff’s past and future lost income.
Facts/Contentions – Plaintiff, on his motorcycle, was turning right from southbound 2700 East onto westbound 3300 South. Plaintiff claimed defendant, who was westbound on 3300 South, negligently struck plaintiff’s motorcycle. Plaintiff claimed that at the time of the accident, defendant was exceeding the speed limit by at least 20 miles per hour, changing lanes repeatedly without signaling and driving without keeping a proper look-out for traffic in her path.
Alternatively, plaintiff claimed, one of the Doe defendants might have been driving the vehicle owned by defendant Jepperson at the time of the accident. Plaintiff named the other Doe defendants as possibly having been negligent in ways that helped to cause the accident.

PERSONAL INJURY CLAIM
Case Type – AA; Automobile accident
Case Name – Wendy Morey vs. Shawna Cheek
Case Number – 050915538
Court/Judge – 3rd District/Dever
Verdict /Settlement – Dismissal, 06/06
Amount – The court dismissed this case without prejudice after the parties failed to respond to an order to show cause.
Injuries – Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff – Matthew W. Driggs of Driggs, Bills & Day
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions – Plaintiff was a passenger in a vehicle driven by plaintiff’s husband. Plaintiff’s vehicle was westbound on State Road 201 near 6000 West in the #1 (inside ) lane of travel. Plaintiff claimed defendant, who was westbound on State Road 201 in the #2 (outside) lane of travel, suddenly changed lanes without warning and struck the right front corner of plaintiff’s vehicle. Plaintiff claimed the impact caused plaintiff’s vehicle to spin off the road, where it came to rest on the shoulder. Plaintiff claimed defendant was cited at the scene for unsafe lane change.
After filing this claim, plaintiff informed the court that she intended to submit this case to binding arbitration.

PERSONAL INJURY CLAIM
Case Type – DB; Dog-bite injury claim
Case Name – Madeline Guzman vs. Tyler Lewis; Legrande Lewis; and Does 1 through 10
Case Number – 050904371
Court/Judge – 3rd District/Lewis
Verdict /Settlement – Verdict, 06/06
Amount – After an evidentiary hearing on damages, the court entered judgment against defendants in the amount of $18,394.70, which included $2,647.72 in past economic damages, $15,000 in general damages (pain and suffering ), $453.98 in accrued pre-judgment interest and $293 in costs.
Injuries – Plaintiff suffered bite injuries to her head, neck and back, as well as a large laceration on her right ankle and calf which required stitches and infection treatment. She also suffered emotional trauma from the attack.
Attorney(s) - Plaintiff – William R. Rawlings of the Law Offices of William R. Rawlings
Attorney(s) - Defense – None listed
Damages – Plaintiff claimed $2,647.72 in combined past special damages. Plaintiff also sought $15,000 in general damages (pain and suffering).
Facts/Contentions – Plaintiff claimed that she was walking to her home in Coalville from the post office when the Lewis defendants’ mixed-breed retriever-lab dog suddenly, violently and without warning att