Trial Reports
2001

Personal Injury

PERSONAL INJURY
Case Type --TA, WA; Work-related truck accident
Case Name --Charles M. Miller and Kathy L. Miller vs. Penske Truck Leasing Corporation; PLXpress, Incorporated; Michelin North America, Incorporated; Utah State Department of Transportation; and Does 1 through 10
Case Number --990906931
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 6/01
Amount --Plaintiffs settled with defendants Penske and PLXpress for an undisclosed amount.
Injuries --Plaintiff Charles Miller suffered severe and permanent injuries, including a brain injury.
Attorney(s) - Plaintiff --Plaintiffs were originally represented by Daniel F. Bertch of Bertch & Birch, but he withdrew early in the action. After that plaintiffs were represented pro se.
Attorney(s) - Defense --For defendants Penske and PLXpress: Stephen G. Morgan and Todd C. Hilbig of Morgan, Meyer & Rice
Damages --Plaintiffs claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff Charles Miller was a long-haul truck driver for Thrifty Payless. He was on the job, driving a truck with tandem trailers which he claimed was owned either by defendant Penske or defendant PLXpress and furnished to him by his employer. On the northbound I-215 on-ramp to I-15, the tractor began to skid uncontrollably, left the road, struck a guardrail and came to rest against a fence. Plaintiffs claimed the Penske and PLXpress defendants failed to maintain the tractor in a safe and roadworthy condition. Plaintiffs claimed the tires on the tractor, manufactured by defendant Michelin, were defectively designed and manufactured and were unsafe. Plaintiffs also claimed that defendant UDOT failed to maintain the roadway in a safe condition at the on-ramp. Plaintiff Kathy Miller claimed damages for loss of consortium.
Defendants Penske and PLXpress claimed Charles Miller's injuries were caused by his own negligence. These defendants moved for an order to compel response to defendants' first set of interrogatories and requests for production of documents, and the court granted the motion, issued the order and awarded defendants attorneys' fees of $350 for bringing the motion.

PERSONAL INJURY
Case Type --AA, BA; Automobile/bicycle accident
Case Name --David Iltis vs. Jill E. Perelson
Case Number --990906838
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 6/01
Amount --The court dismissed this case upon stipulation of the parties, who agreed that their dispute is to be resolved by binding arbitration.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Tad D. Draper, later of Braunberger, Boud & Draper
Attorney(s) - Defense --George T. Naegle of Richards, Brandt, Miller & Nelson
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was riding his bicycle across the intersection of 1300 South and 700 East when he was struck by a vehicle driven by defendant, which knocked him around a corner.
Defendant claimed the accident was caused by plaintiff's negligence.
Plaintiff offered to arbitrate this case, and the parties agreed that the arbitration would be binding and asked the court to continue the trial, as arbitration was scheduled for the same day as trial. The court declined to continue the trial. "While this Court encourages alternative dispute resolution," Judge Frederick wrote, "it must not interfere with scheduled trial dates." After this ruling, the parties moved to dismiss the action without prejudice in Third District Court, and the judge granted this motion.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --United Services Automobile Association vs. Shaun P. Barrios
Case Number --010903343
Court/Judge --3rd District/Livingston
Verdict/Settlement --Verdict, 6/01
Amount --Judgment was entered against defendant in the amount of $10,498.11, which included $639.63 in accrued interest and $90 in costs.
Injuries --Plaintiff's insured suffered unspecified injuries.
Attorney(s) - Plaintiff --Douglas G. Mortensen of Matheson, Mortensen, Olsen & Jeppson
Attorney(s) - Defense --None listed.
Damages --Plaintiff paid its insured $763.90 in medical expense benefits, $780 in loss of use benefits, and $8,224.58 in property damages benefits. Plaintiff retained full rights of subrogation.
Facts/Contentions --Plaintiff claimed defendant, who was uninsured, negligently collided with a vehicle driven by plaintiff's insured at 1000 West and 300 North.

PERSONAL INJURY
Case Type --BT, ED, CX; Assault and battery, emotional distress claim, counter-claim
Case Name --(Name of case withheld)
Case Number --000900024
Court/Judge --3rd District/Young
Verdict/Settlement --Verdict, 6/01
Amount --The court granted plaintiff's motion to dismiss the counter-claim and later dismissed this case after the parties failed to respond to an order to show cause why the case should be dismissed for lack of prosecution.
Injuries --Plaintiff suffered unspecified physical injuries and claimed defendant knowingly caused her severe emotional distress by his actions.
Attorney(s) - Plaintiff --Robert C. Miner, Andrew Rothenberger and Jon D. Williams of Rasmussen & Miner
Attorney(s) - Defense --Barton J. Warren (withdrew after the court dismissed the counter-claim)
Damages --Plaintiff claimed unspecified medical expenses and sought punitive damages for willful and malicious infliction of emotional distress.
Facts/Contentions --Plaintiff claimed that after she and defendant were married in 1996, defendant began to commit a series of batteries and forcible sexual assaults against plaintiff. Plaintiff claimed defendant forcibly restrained plaintiff and her minor child in their house. Plaintiff obtained a protective order, but claimed defendant violated the order by going to plaintiff's home and striking plaintiff.
Defendant denied plaintiff's allegations and counter-claimed that plaintiff struck and bit defendant and ran him down with a motor vehicle.
Plaintiff moved to dismiss defendant's counter-claim on grounds that the allegations in the counter-claim were untimely filed.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --John Sulich vs. Bert Prince
Case Number --990909687
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 6/01
Amount --This case settled for an undisclosed amount.
Injuries -- Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Kenneth A. Bills of Driggs, Osborne & Huang, later of Driggs, Bills & Huang
Attorney(s) - Defense --Paul H. Matthews of Kirton & McConkie
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff and defendant were eastbound on California Avenue at about 3775 West when plaintiff's vehicle started to falter; it was later determined that the cause was a clogged fuel pump. Plaintiff, who was in the right lane with defendant right behind him, said he was trying to move his vehicle onto the shoulder on the right side of the road when defendant rear-ended him.
Defendant denied liability and claimed plaintiff's injuries were caused by his own negligence or that of third parties over whom defendant had no control. Defendant also claimed plaintiff failed to meet the $3,000 standard for personal injury claims.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Don Poppers vs. Keung Chow
Case Number --990905695
Court/Judge --3rd District/ Wilkinson; then Livingston
Verdict/Settlement --Settlement, 6/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified neck and back injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Peter C. Collins of Bugden, Collins & Morton
Attorney(s) - Defense --Stuart H. Schultz of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendant, who was northbound on 400 East at 600 South, failed to stop for a stop sign and struck plaintiff's vehicle, which was eastbound on 600 South.
Defendant contended that plaintiff's claim was barred by plaintiff's failure to exercise reasonable care.

PERSONAL INJURY
Case Type --TA, PA; Pedestrian/truck accident
Case Name --Lyndsey Green vs. Paul D. Cook; Matthew Clawson Cook; and Laurie Cook
Case Number --990905528
Court/Judge --3rd District/Iwasaki
Verdict/Settlement --Settlement, 6/01
Amount --This case settled for $25,000, of which State Auto Insurance Company paid $17,000, Millbank Insurance Company paid $5,000, and Paul and/or Matthew Cook will pay $3,000, allowing judgment in that amount to be entered against them with the understanding that they will make payment in full within 18 months of the date of judgment.
Injuries --Plaintiff suffered injuries to her neck, back, ribs, pelvis, arms and legs. She claimed permanent impairment.
Attorney(s) - Plaintiff --Daniel O. Duffin and Thomas A. Duffin of Duffin & Associates
Attorney(s) - Defense --For defendants: Steven B. Wall of Wall & Wall; for the insurance companies: Roger H. Bullock and Shawn McGarry of Kipp & Christian
Damages --Plaintiff claimed medical expenses of over $3,000.
Facts/Contentions --On October 25, 1995, defendant Matthew Cook, a minor, was driving a pick-up truck owned by Paul Cook. Matthew's driver license application was signed by Laurie Cook. Plaintiff claimed that as she was walking along 600 West at about 350 South in Orem, Matthew's pick-up truck ran up over the curb and struck plaintiff.
Defendants denied negligence and liability and claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA, WA; Work-related automobile accident
Case Name --Outhay Mounsena vs. Rescue Rooter; Michael Packer; and Does 1 through 10
Case Number --010905406
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 7/01
Amount --Pursuant to plaintiff's request, the court dismissed this case with prejudice. Defendant had not filed an answer at the time of the dismissal.
Injuries --Plaintiff suffered injuries to his head, neck, back, left thigh and left hip. He complained of headaches and numbness in both shoulders and one arm.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was northbound on Bangerter Highway at about 2100 South. He claimed defendant Packer, who was in the course and scope of his employment with defendant Rescue Rooter, rear-ended plaintiff's car, which was stopped for a red light at the intersection.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --Gretchen Bommer and Kevin Bommer vs. Vicci Reary
Case Number --990900052
Court/Judge --3rd District/Bohling
Verdict/Settlement --Jury verdict/settlement, 7/01
Amount --The jury found plaintiff Gretchen Bommer sustained damage as a result of the defendant's negligence. This case settled post-trial for an undisclosed amount. Offer of judgment by defendant, 3/01: $27,000 new money.
Injuries --Plaintiff Gretchen Bommer suffered soft tissue injuries to her neck and upper back which left her with headaches and a condition known as Adie's Pupil; she claimed these injuries radically changed her lifestyle. Plaintiff Kevin Bommer claimed loss of consortium.
Attorney(s) - Plaintiff --Edward P. Moriarity and Jeffrey D. Gooch of Spence, Moriarity & Schuster (withdrew); then Michael J. Petro and Michael Juke of Young, Kester & Petro, Springville
Attorney(s) - Defense --Brett G. Pearce, then Fred Wilner, of Richard K. Spratley & Associates; then Stephen J. Trayner of Strong & Hanni
Expert Witness(es) - Plaintiff --Jan Watts, PT; Judith Warner, MD; James M. Villareal, MD; J. Warner, MD; and Dennis Wyman, MD
Expert Witness(es) - Defense --Stephen Marble, MD.
Damages --Plaintiff claimed unspecified past and future medical expenses, loss of services and lost wages.
Facts/Contentions --Plaintiff Gretchen Bommer was eastbound on 9400 South and came to a stop behind a vehicle driven by a third party, which had stopped to allow the vehicle in front of it to make a left turn into a daycare facility at about 600 East. Plaintiffs claimed defendant rear-ended plaintiffs' car at over 20 miles per hour. The investigating officer at the scene determined that Gretchen Bommer was not at fault. Defendant was cited at the scene for improper look-out, expired registration and failure to maintain automobile insurance.
Defendant claimed the accident was caused by the negligence of plaintiff Gretchen Bommer or of third parties over whom defendant had no control. Defendant also claimed plaintiff Gretchen Bommer's injuries were pre-existing.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --June Smith vs. Suzanne McLean
Case Number --990907501
Court/Judge --3rd District/Henriod
Verdict/Settlement --Settlement, 7/01
Amount --This case came before the court for a jury trial, but the parties informed the court that they had settled for an undisclosed amount. Offer of judgment by defendant, May 2001: $5,000; second offer of judgment by defendant, May 2001: $13,000.
Injuries --Plaintiff suffered head and neck injuries which left her with dizziness and headaches.
Attorney(s) - Plaintiff --Larry G. Reed of Anderson & Karrenberg, later of Droz, Reed & Wangsgard (moved to withdraw; motion denied the day before trial; motion renewed after settlement)
Attorney(s) - Defense --Robert H. Henderson of Snow, Christensen & Martineau
Damages --Plaintiff claimed unspecified medical expenses and lost wages. Plaintiff received $5,075.50 in PIP benefits from her insurance carrier.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff's vehicle, which had stopped for traffic ahead at about 1700 South and Highland Drive.
Defendant claimed plaintiff's injuries were caused by her own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA, TA, WA; Work-related automobile/truck accident
Case Name --Charmyne Baxter fka Charmyne Slater vs. James E. Hathaway and Action Distributing & Construction
Case Number --990911140
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 7/01
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant, June 2001: $23,000; second offer of judgment by defendant, June 2001: $40,000 (settlement announced within three days of this offer).
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --D. Bruce Oliver
Attorney(s) - Defense --John R. Lund and Kara L. Pettit of Snow, Christensen & Martineau
Expert Witness(es) - Plaintiff --Plaintiff did not designate any expert witnesses, but designated David A. Peterson, MD as a rebuttal witness.
Expert Witness(es) - Defense --Defendants designated Michael B. Chung, MD and an unspecified biomechanical expert.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages and sought $100,000 in general damages.
Facts/Contentions --Plaintiff was southbound on State Street at about 5830 South, driving a Nissan pick-up truck owned by a third party. She claimed defendant Hathaway, who was in the course and scope of his employment with defendant Action and was driving a vehicle owned by defendant Action, rear-ended her vehicle when she slowed for traffic ahead.
Defendants claimed plaintiff's injuries were the result of her own negligence or that of third parties over whom defendants had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Lloyd R. Stone vs. John M. Peterson
Case Number --000902735
Court/Judge --3rd District/Thorne
Verdict/Settlement --Verdict, 7/01
Amount --The court dismissed this case for plaintiff's failure to prosecute.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --James D. Stone, Springville
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified medical expenses, lost wages of $734.35, and property damage of $1,856.
Facts/Contentions --Plaintiff claimed defendant negligently collided with plaintiff's vehicle in Salt Lake County.

PERSONAL INJURY
Case Type --BT; Assault
Case Name --Ward Turner vs. Southern Exposure
Case Number --000903406
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 7/01
Amount --The court dismissed this case after the parties failed to appear at a scheduled show cause hearing.
Injuries --Plaintiff suffered injuries to his face, including contusions and abrasions, and claimed he suffered disfigurement of his face and permanent damage to his left eye.
Attorney(s) - Plaintiff --Brent J. Jensen of Jones, Gilliam & Burr, Orem
Attorney(s) - Defense --M. David Eckersley of Prince, Yeates & Geldzahler
Damages --Plaintiff claimed unspecified past and future medical expenses and sought exemplary damages of $30,000.
Facts/Contentions --Plaintiff claimed an unidentified employee of defendant unlawfully assaulted plaintiff with his fists in defendant's parking lot.
Defendant claimed plaintiff's injuries were caused by an assailant unknown to defendant, and over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Kari Lynn Teuscher vs. Keith D. Black
Case Number --000905205
Court/Judge --3rd District/Thorne
Verdict/Settlement --Verdict, 7/01
Amount --The court dismissed this case for plaintiff's failure to prosecute.
Injuries --Plaintiff suffered muscular sprain and strain, pulled ligaments, and closed head trauma. Plaintiff suffered headaches and neck-aches that worsened after the accident to the point that she could not attend school or go to work.
Attorney(s) - Plaintiff --John L. McCoy
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed medical expenses of $3,000 and sought $250,000 in general damages.
Facts/Contentions --Plaintiff claimed defendant rear-ended the vehicle in which plaintiff was a passenger. Plaintiff's vehicle had stopped for traffic ahead.

PERSONAL INJURY
Case Type --MS; Miscellaneous (premises liability)
Case Name --Jackie Mitchell vs. Doe 1; Shadowbrook Apartments; Multi Beneficial Realty Fund; and Does 2 through 10
Case Number --000905234
Court/Judge --3rd District/Henriod
Verdict/Settlement --Settlement, 7/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to her head, spine, shoulders and ears. She claimed hearing loss and nerve damage, as well as a brain injury.
Attorney(s) - Plaintiff --George S. Diumenti II of Diumenti Law Offices, Bountiful and Janet Lewis of Lewis Law Office
Attorney(s) - Defense --Stephen G. Morgan and Joseph E. Minnock of Morgan, Meyer & Rice
Damages --Plaintiff claimed unspecified future medical expenses, unspecified future lost wages, lost wages of over $500 and medical expenses of over $4,000.
Facts/Contentions --Plaintiff was struck on the head by a falling rain gutter while entering the stairway of the Shadowbrook apartment complex, where she lived. She claimed defendants were negligent in failing to repair the gutter before it fell. She named Multi Beneficial as the owner of the Shadowbrook complex.
Defendants admitted that Multi Beneficial was the owner of the complex and Shadowbrook Apartments was its trade name, but denied liability, claiming they met the duties of care they owed plaintiff.

PERSONAL INJURY
Case Type --BT; Assault
Case Name --Jeffrey Wardle vs. B. J. Dutson; Beta Theta Pi; and Does 1 through 20
Case Number --010900109
Court/Judge --3rd District/Bohling
Verdict/Settlement --Settlement, 7/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered a broken jaw.
Attorney(s) - Plaintiff --Gerald M. Conder
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed medical expenses of $6,016.75 and lost wages of $336.
Facts/Contentions --Plaintiff was a member of the Sigma Nu fraternity near the University of Utah; he resided in the fraternity house. Defendant Dutson and Does were members of defendant Beta Theta Pi. Plaintiff said he heard a disturbance in the early-morning hours of January 6, 2000 on the lawn of the Sigma Nu house. When he rushed out to see what was going on, he saw his friend and fraternity brother being beaten by the Doe defendants, who were members of defendant Beta Theta Pi fraternity. Plaintiff said that as he bent over to assist his friend, he was assaulted and kicked or beaten in the jaw by defendant Dutson and/or the Doe defendants. Plaintiff stated that the Greek judiciary on February 2, 2000 acknowledged the liability of Beta Theta Pi members for the attack and ordered reimbursement of the Sigma Nu members' medical expenses.

PERSONAL INJURY
Case Type --SF, WA; Work-related fall
Case Name --William Trigger vs. Carson Excavating Company
Court/Judge --3rd District; this case was mediated by Paul Felt.
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for approximately $58,000.
Injuries --Plaintiff, who was in his 60s, suffered back injuries and was unable to work after his fall. He underwent extensive rehabilitation, but developed a tremor caused by nerve damage which would not go away. Defense claimed plaintiff had extensive pre-existing degenerative disease in his back.
Attorney(s) - Plaintiff --Matthew W. Driggs of Driggs, Bills & Day
Attorney(s) - Defense --Paul H. Matthews of Kirton & McConkie
Damages --Plaintiff claimed combined special damages of around $30,000. He had to close his business after his fall. The Workers' Compensation Fund paid plaintiff's medical expenses and lost wages and filed a lien on the proceeds of any third-party action.
Facts/Contentions --Plaintiff won the contract to roof a small library in the southwest part of the Salt Lake Valley. When his employees posed questions about how they should handle the roofing tiles in the peaks and valleys of the roof, plaintiff got a ladder and went up to the roof to inspect it. Plaintiff claimed a front-end loader operated by defendant's employee, who was supposed to level the ground, came too close to the ladder while plaintiff was up on the roof and undermined the ladder when it scooped away the dirt near it. When plaintiff got back on the ladder, it moved after he had taken two or three steps and started to fall. Plaintiff clung to the ladder instead of hanging onto the roof and fell about 22 feet when the ladder went over.
Defendant's employee claimed he did not undermine the ladder with the front-end loader. He said he got off the machine and carefully adjusted the ladder by hand so he would not hit it; however, he added that after he adjusted it, the ladder was closer to the building and accordingly at a steeper pitch. The employee said the ladder was not tied down at the top as OSHA regulations require. Plaintiff said the ladder was tied down.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Kyle Adams and Nadine Adams vs. Risa M. Ashment
Court/Judge --3rd District/Noel
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for an undisclosed amount.
Injuries --Both plaintiffs suffered undisclosed injuries.
Attorney(s) - Plaintiff --Ronald E. Dalby of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --Peter H. Christensen of Strong & Hanni
Expert Witness(es) - Plaintiff --Plaintiffs designated treating health care providers.
Expert Witness(es) - Defense --Defendant designated Paul France, PhD--biomechanical engineer; an unnamed accident reconstructionist; an unnamed IME physician; and an unnamed radiologist.
Damages --Plaintiffs claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiffs were eastbound on I-215 and were exiting to go north on Redwood Road. They claimed defendant rear-ended their car when they stopped for traffic.
Defendant denied liability and claimed plaintiffs stopped so abruptly that she was unable to avoid hitting them.
Legal Issues --Plaintiff Kyle Adams worked for the Utah Department of Corrections. When defense sought his employment records in the course of discovery, Utah Assistant Attorney General Sharel S. Reber moved to quash the subpoena, claiming the records were protected under GRAMA (the Government Records Access and Management Act). The court denied the motion and ordered the records released.

PERSONAL INJURY
Case Type --AA, NE; Automobile accident, negligence
Case Name --Kandace Killian vs. Kenneth Rawlinson and Brian Rawlinson dba Draper Muffler & Brake and Does 1 through 10
Case Number --990905878
Court/Judge --3rd District/Lewis
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered injuries to both her knees, as well as to her neck, nose, and back. She suffered from ongoing neck and back pain and headaches.
Attorney(s) - Plaintiff --William R. Rawlings
Attorney(s) - Defense --Scott. W. Christensen of Plant, Wallace, Christensen & Kanell
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff took her Jeep Cherokee to defendant's business to have mechanical work done by the Doe defendants. This work involved removal of the tires. Plaintiff claimed that after she picked up the vehicle from the shop and drove north on State Street, the left rear tire came off the vehicle, causing plaintiff to lose control of the car, veer into the southbound lane of traffic, and collide head-on with another car.
Defendants denied negligence.

PERSONAL INJURY
Case Type --MS; Miscellaneous (door injury)
Case Name --David F. Hancey vs. Home Depot USA, Incorporated dba The Home Depot
Case Number --980902363
Court/Judge --3rd District/Hanson
Verdict/Settlement --Verdict, 9/01
Amount --The court dismissed this case without prejudice after the parties failed to respond to an order to show cause.
Injuries --Plaintiff was struck in the head and back and driven to his knees, and suffered injuries to these areas.
Attorney(s) - Plaintiff --Mark A. Larsen of Campbell, Maack & Sessions, then of Larsen & Mooney Law, assisted by Joleen S. Mantas (later withdrew)
Attorney(s) - Defense --Daniel S. McConkie of Kirton & McConkie
Damages --Plaintiff claimed combined special damages of over $20,000.
Facts/Contentions --Plaintiff was shopping in defendant's store. He claimed he was in an aisle near a cordoned-off area when he was struck by an unattached falling door.
Defendant contended that plaintiff's injuries were caused by his own negligence or that of third parties over whom defendant had no control.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Kristy Thompson Smith vs. Christina H. Jansen
Case Number --990907001
Court/Judge --3rd District/Medley
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --William P. Morrison and Grant W. P. Morrison of Morrison & Morrison (later withdrew)
Attorney(s) - Defense --John Clyde Hansen, then Gary D. Josephson, then David W. Lund, of Petersen & Associates
Damages --Plaintiff claimed $5,600 in medical expenses, as well as unspecified future medical expenses.
Facts/Contentions --Plaintiff was northbound at 1300 East and 2370 South. She claimed defendant made an improper attempt to turn east onto I-80 and struck her vehicle.
Defendant claimed plaintiff's injuries were caused by her own negligence.

PERSONAL INJURY
Case Type --AA, UM; Automobile accident, uninsured motorist
Case Name --Government Employees' Insurance Company vs. Jeffrey L. Nokes
Case Number --010905754
Court/Judge --3rd District/Noel
Verdict/Settlement --Verdict, 9/01
Amount --Judgment was entered against defendant in the amount of $15,979.05, which included $1,144.52 in accrued interest and $135 in costs.
Injuries --Plaintiff's insured suffered unspecified injuries.
Attorney(s) - Plaintiff --Douglas G. Mortensen of Matheson, Mortensen, Olsen & Jeppson
Attorney(s) - Defense --None listed.
Damages --Plaintiff paid its insured $10,000 in uninsured motorist benefits, $3,000 in no-fault benefits for medical expenses, and $1,699.53 in property damage benefits. Plaintiff retained full rights of subrogation.
Facts/Contentions --Plaintiff claimed defendant, who was not insured, negligently collided with a vehicle driven by plaintiff's insured at 7600 South and Redwood Road.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Tiffany Crebs vs. Lydia B. Black
Case Number --010902192
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 9/01
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 filings of the complaint.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Matthew W. Driggs of Driggs, Bills & Day
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified medical expenses and lost wages.
Facts/Contentions --Plaintiff was a passenger in a car which was westbound in the left lane of the on-ramp to I-215 in Murray. Plaintiff claimed defendant, who was in the right lane of the on-ramp, made an abrupt U-turn in front of plaintiff's vehicle, with the result that plaintiff's car was unable to avoid hitting defendant's car.

PERSONAL INJURY
Case Type --AA, CX; Automobile accident, cross-claim
Case Name --Maria Lopez vs. Seth Nomichith and Rodrigo Nomez-Andazola
Case Number --000902914
Court/Judge --3rd District/Nehring
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for an undisclosed amount. Offer of judgment by defendant Nomichith (not accepted): $4,000.
Injuries --Plaintiff suffered neck, back and leg injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman & Associates
Attorney(s) - Defense --For defendant Nomichith: Kelly H. Macfarlane and Nathan D. Alder of Christensen & Jensen and Bradley N. Roylance of Neider & Roylance; for defendant Nomez-Andazola: Scott H. Martin of Snow, Christensen & Martineau
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff was a passenger in a vehicle driven by defendant Nomez-Andazola, which was eastbound on 6200 South. Plaintiff claimed a vehicle driven by defendant Nomichith, who was westbound on 6200 South, ran a red light and made an improper left turn in front of plaintiff's car at the intersection of 2700 West. Plaintiff claimed defendant Nomez-Andazola did not maintain a proper look-out.
Defendant Nomichith denied that the light was red for him and claimed defendant Nomez-Andazola ran the red light. Defendant Nomichith filed a cross-claim against defendant Nomez-Andazola for negligence.
Defendant Nomez-Andazola denied negligence and liability and filed a cross-claim against defendant Nomichith.

PERSONAL INJURY
Case Type --WA, MS, SF; Work-related miscellaneous (scald) and fall
Case Name --Jim Fellows vs. Koch Incorporated dba Koch Mechanical Contractors and Does 1 through 10
Case Number --000903190
Court/Judge --3rd District/Henriod
Verdict/Settlement --Settlement, 9/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered severe scald burns on his back and legs, as well as a fractured patella, medial meniscus tear and chondral lesion from the fall. He underwent surgery to repair the knee injuries.
Attorney(s) - Plaintiff --Michael A. Katz of Michael F. Richman & Associates
Attorney(s) - Defense --Stephen J. Trayner of Strong & Hanni
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was working for T. S. Electric, installing "handy boxes" in the basement of the Huntsman Cancer Institute construction site. The handy boxes were low-voltage electric controls placed near and around various boiler lines. Defendant Koch was the mechanical subcontractor. As plaintiff was installing one of the handy boxes, a gush of hot water and/or steam came out of the pipe near which he was working, scalding him. He then fell six to eight feet and landed on the ground. Plaintiff claimed defendant Koch prematurely charged the pipes with hot water and/or steam and failed to warn plaintiff and other workers of the existing hazard. Plaintiff further claimed defendant Koch failed to install appropriate safety devices, including caps on the pipe ends and temperature gauges. The Doe defendants were named as other entities who supplied materials, designs, plans or labor in connection with the mechanical subcontracting work.
Defendant Koch claimed plaintiff's injuries were the fault of Atkinson Electronics and plaintiff's employer, over whom defendant had no control.

PERSONAL INJURY
Case Type --SF; Fall
Case Name --Beth Betty Stohl vs. Medical Manor and Thyssen Elevator Corporation
Case Number --000906842
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 9/01
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 filings of the complaint.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent impairment.
Attorney(s) - Plaintiff --Bradley H. Parker of Parker & McConkie
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses.
Facts/Contentions --Plaintiff had been visiting her dentist in the Medical Manor building and was leaving. She said she entered the elevator and pushed the "Down" button, and the elevator door closed but the elevator would not move. Plaintiff stated that she became alarmed and rang the emergency bell. Several minutes later, she claimed, the elevator descended rapidly, further frightening her, and the door opened, but the elevator had not descended completely to the level of the floor where it stopped. When plaintiff attempted to exit, she fell. Plaintiff claimed defendant Medical Manor failed to maintain the elevator properly; she further claimed defendant Thyssen manufactured and sold an unsafe product.

PERSONAL INJURY
Case Type --AA, TA, WA, AR; Work-related, alcohol-related automobile/truck accident
Case Name --Craig Morley; Geoffrey Graham; and Bryce Beckstead vs. David Whyte and Joseph Whyte dba D & J Towing
Case Number --000906348
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 11/01
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 --All three plaintiffs suffered unspecified injuries.
Attorney(s) - Plaintiff --Roger H. Hoole of Hoole & King
Attorney(s) - Defense --None listed.
Damages --Plaintiffs claimed medical expenses of $4,528.67 for plaintiff Morley; $1,298.19 for plaintiff Graham; and $3,387.10 for plaintiff Beckstead, along with unspecified lost wages and unspecified future medical expenses.
Facts/Contentions --Plaintiff Morley was westbound on 5400 South in his pick-up truck, with plaintiffs Graham and Beckstead as passengers. Defendant David Whyte was driving a tow-truck east on 5400 South and towing a van while in the course and scope of his employment with D & J. Plaintiffs claimed the van was negligently secured, with the result that at about 1300 West the van came loose from the tow-truck, collided head-on with plaintiffs' vehicle in their own lane of traffic, and burst into flames. Plaintiffs claimed defendant David Whyte was driving with a blood alcohol level of more than twice the legal limit. Plaintiffs also claimed defendant David Whyte had multiple prior DUI convictions. Plaintiffs claimed defendant Joseph Whyte knew or should have known there was a risk that defendant David Whyte would drive while intoxicated, given his previous history, and defendant Joseph Whyte therefore should not have allowed defendant David Whyte to drive the tow-truck.

PERSONAL INJURY
Case Type --MS; Miscellaneous (golf club injury)
Case Name --John Montoya vs. Tim Skougard
Case Number --990904688
Court/Judge --3rd District/Wilkinson; then Livingston
Verdict/Settlement --Verdict, 11/01
Amount --Judgment was entered against defendant in the amount of $95,453.73, which included $9,134.72 in medical expenses, $5,000 in future medical expenses, $500 in lost wages, $5,819.01 in accrued interest on special damages, $50,000 for pain and suffering, and $25,000 in punitive damages.
Injuries --Plaintiff had to have surgery with hardware installation, and his jaw had to be wired shut for seven weeks after he was injured. He claimed potentially permanent scarring.
Attorney(s) - Plaintiff --George T. Waddoups of Robert J. DeBry & Associates
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed $9,134.72 in medical expenses, $5,000 in future medical expenses, and $500 in lost wages; he also sought $50,000 for pain and suffering and $25,000 in punitive damages for reckless and willful endangerment.
Facts/Contentions --Plaintiff was golfing with several other people at the Meadowbrook Golf Course. He said he was holding the flag for the defendant, who was trying to sink a putt on the twelfth hole. Plaintiff claimed defendant missed the putt, became very angry, swung his golf club violently around, and struck plaintiff in the head and jaw. Plaintiff claimed defendant exhibited willful and wanton disregard for the safety of others when he swung the club around. Plaintiff also claimed defendant failed to give plaintiff the name of defendant's homeowner's insurance carrier so plaintiff could send them his medical bills.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Radene Klarr vs. Jonathan Owens
Case Number --990908157
Court/Judge --3rd District/Frederick
Verdict/Settlement --Verdict, 11/01
Amount --The court granted defendant's motion for summary judgment after plaintiff failed to respond. Plaintiff has obtained new counsel and moved to have the summary judgment set aside, claiming that after her first counsel withdrew, she received several papers from defendant, including the motion for summary judgment, but did not understand the legal terminology and erroneously believed she would have the opportunity to clarify the situation at the show cause hearing. She did not know she had lost the case until the clerk of the court informed her the show cause hearing had been canceled. Pre-verdict offer of judgment by defendant (not accepted): $1,000.
Injuries --Plaintiff suffered a neck injury.
Attorney(s) - Plaintiff --David K. Schwobe and Mark C. McLachlan of Perkins, Schwobe & McLachlan (withdrew); then Michael T. Mumford of Wingo & Rinehart
Attorney(s) - Defense --Lowell V. Smith, D. Joseph Cartwright and Trent D. Holgate of Smith & Glauser
Damages --Plaintiff claimed medical expenses of over $10,000 and lost wages of over $3,000, as well as unspecified future medical expenses and lost wages. She sought general damages of $250,000.
Facts/Contentions --Plaintiff claimed defendant rear-ended plaintiff's vehicle at 366 South 500 East and then left the scene of the accident.
Defendant denied negligence and claimed plaintiff's injuries were caused by plaintiff's own negligence or that of third parties over whom defendant had no control. Defendant moved for summary judgment, claiming plaintiff, who has pre-existing fibromyalgia, suffered no new injuries in the accident.

PERSONAL INJURY
Case Type --AA, PA; Automobile/pedestrian accident
Case Name --Jo Ann Harvey vs. Robert Maucher
Case Number --990912122
Court/Judge --3rd District/Thorne; then Dever
Verdict/Settlement --Verdict, 11/01
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered injuries to her ankle, foot and leg.
Attorney(s) - Plaintiff --Warren W. Driggs of Robert J. DeBry & Associates
Attorney(s) - Defense --Theodore E. Kanell and Robert C. Olsen of Plant, Wallace, Christensen & Kanell
Damages --Plaintiff claimed $5,000 in medical expenses, along with unspecified future medical expenses and past and future lost wages.
Facts/Contentions --Plaintiff was standing near a phone booth on the southwest corner of the intersection of State Street and Claybourne Avenue. Plaintiff claimed defendant, who was making a left turn from northbound State Street onto Claybourne, turned directly into the path of another vehicle, and the two cars collided. Plaintiff stated the other vehicle lost control following the collision and struck plaintiff.

PERSONAL INJURY
Case Type --DB; Dog-bite
Case Name --Holli Wright vs. Don and Gail Stephens
Case Number --000908269
Court/Judge --3rd District/Dever
Verdict/Settlement --Verdict, 11/01
Amount --The court dismissed this case after the parties failed to respond to an order to show cause.
Injuries --Plaintiff suffered unspecified injuries and claimed permanent scarring.
Attorney(s) - Plaintiff --Tad D. Draper of Ashton, Braunberger, Boud & Draper (withdrew)
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff claimed defendants' dog attacked and bit her without provocation no property owned by defendants, located at 557 East 9900 South.

PERSONAL INJURY
Case Type --AA, AR; Alcohol-related automobile accident
Case Name --Michael Bridge vs. Steven Palmer
Case Number --000908477
Court/Judge --3rd District/Stirba; then Lubek; then Burton
Verdict/Settlement --Settlement, 11/01
Amount --This case settled for an undisclosed amount.
Injuries --Plaintiff suffered unspecified injuries.
Attorney(s) - Plaintiff --Bryan A. Larson of Larson, Turner, Fairbanks & Dalby
Attorney(s) - Defense --Leonard E. McGee of Stegall & Associates; then Mark L. Anderson of Christensen & Jensen
Damages --Plaintiff claimed unspecified past and future medical expenses and lost wages.
Facts/Contentions --Plaintiff was southbound on Redwood Road in North Salt Lake, with another vehicle traveling behind him. Plaintiff claimed defendant, traveling north in the southbound lane against the flow of traffic, struck plaintiff's car and the other car behind him, even though both vehicles slowed and pulled slightly to the right when they saw defendant coming. Plaintiff claimed defendant was driving recklessly and was under the influence of drugs and/or alcohol.
Defendant denied liability and claimed plaintiff's injuries were caused by the negligence of third parties over whom defendant had no control. Defendant denied driving under the influence. However, shortly after defendant filed this answer, the parties stipulated that defendant was liable for the accident, leaving only the issue of damages to be resolved.

CONTRACT
Case Type --NE, MF; Negligence, misrepresentation
Case Name --Clark Newhall vs. Burt Brothers Tire & Service, Incorporated
Case Number --0009910586
Court/Judge --3rd District/Bohling
Verdict/Settlement --Verdict, 11/01
Amount --Judgment was entered against defendant in the amount of $2,620, and defendant is entitled to an offset of $45.50 for taxable costs as per defendant's earlier offer of judgment. Pre-trial settlement offer by defendant (not accepted): $2,000.
Attorney(s) - Plaintiff --Plaintiff, an attorney, was represented pro se.
Attorney(s) - Defense --Andrew M. Morse and Trystan B. Smith of Snow, Christensen & Martineau
Damages --Plaintiff claimed $5,074.98 in damages for the replacement of the engine, time lost from work, and costs of renting a replacement vehicle. Plaintiff also sought punitive damages. Defendant disputed the estimate of damages, claiming nearly half of the work plaintiff had done on his car at the time of the engine replacement was not related to the engine damage.
Facts/Contentions --Plaintiff stated that he took his Chevrolet Astro Van to defendant's shop for a tune-up, inspection and lubrication. Plaintiff claimed that defendant's employees negligently replaced the spark-plugs with the wrong size and type, with the result that one of the plugs melted in the engine and the entire engine had to be replaced. Plaintiff further claimed that defendant fraudulently hid the fact of the negligent plug replacement from plaintiff as he was trying to determine the cause of the engine failure. Plaintiff had the engine failure and its cause diagnosed at another facility.
Defendant claimed the damage to plaintiff's vehicle was caused by his own negligence or that of third parties over whom defendant had no control, or to the age of the vehicle.
Defendant moved for partial summary judgment regarding plaintiff's demand for punitive damages, and the court granted the motion on grounds that plaintiff did not produce any evidence to prove a manager or other principal knowingly ordered or approved of the negligent action.

SLANDER
Case Type --SL, ED; Slander, emotional distress claim
Case Name --(Name of case withheld)
Case Number --000907455
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 11/01
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 claimed defendant's actions caused her severe emotional distress.
Attorney(s) - Plaintiff --David K. Smith
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed she incurred medical expenses because she required psychological counseling as a result of defendant's allegations.
Facts/Contentions --Plaintiff claimed defendant told plaintiff's neighbors that plaintiff was a drug dealer who disturbed the peace of the neighborhood and harbored undesirable people--i.e. drunks and drug-users--in her home.

PERSONAL INJURY
Case Type --AA; Automobile accident
Case Name --Carla Foor vs. Joseph Hyder
Case Number --000909250
Court/Judge --3rd District/Henriod
Verdict/Settlement --Verdict, 11/01
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 --Michael E. Day of Day, Shell & Liljenquist
Attorney(s) - Defense --None listed.
Damages --Plaintiff claimed unspecified medical expenses and lost wages, as well as possible future medical expenses.
Facts/Contentions --Plaintiff was westbound on 4700 South in Taylorsville. She claimed defendant attempted to make an improper left turn into plaintiff's lane from an apartment complex at about 1540 West and caused a collision.

CONTRACT
Case Type --BC; Breach of contract
Case Name --Summit Printing, Incorporated vs. Elizabeth Stoddard; Todd Stoddard; Stoddard International Marketing, Incorporated dba Ameriruss Cruise Travel; and Stoddard International Travel, Incorporated
Case Number --990909013
Court/Judge --3rd District/Thorne; then Dever
Verdict/Settlement --Verdict, 11/01
Amount --Judgment was entered against Stoddard International Marketing, Incorporated in the amount of $5,934.78, which included $2,663.36 in accrued interest. Plaintiff then moved the court to order defendants Mark and Elizabeth Stoddard to comply with discovery, and the court granted the motion. When defendants failed to comply with the court order, the court imposed sanctions, struck the defendants' answer, and declared them in default. Judgment was entered against Mark and Elizabeth Stoddard in the amount of $7,711.80, which included $3,600 in interest, $90 in costs, and $750 for plaintiff's attorneys' fees as ordered by the court.
Attorney(s) - Plaintiff --James K. Tracy of Parry, Anderson & Maxfield; then of LeBoeuf, Lamb, Greene & MacRae, assisted by Julie I. Valdes and Michael T. Hoppe
Attorney(s) - Defense --Mark and Elizabeth Stoddard each answered pro se.
Damages --Plaintiff claimed defendants owed unpaid charges of $5,613.94, which included accrued interest.
Facts/Contentions --Plaintiff claimed defendants failed to pay plaintiff for printing services which plaintiff furnished to defendants.
Defendants Mark Stoddard and Elizabeth Stoddard claimed they was merely employees of the corporation Stoddard International Marketing, which was involuntarily dissolved. Plaintiff claimed the defendant companies were alter egos of Mark and Elizabeth Stoddard. Both plaintiffs claimed the statute of limitations had expired for the filing of this complaint.

Contract

Text

Wrongful Death

WRONGFUL DEATH
Case Type --WD; Wrongful death
Case Name --Hilda Gonzalez, individually and as personal representative of the estate of Manuel Gonzalez; Mark Gonzalez; Marion App; Cynthia Schwarzenbach; Pauline Wilson; and Lydia Dang vs. Michael Zufelt and Does 1 through 10
Case Number --000903054
Court/Judge --3rd District/Bohling
Verdict/Settlement --Judgment on jury verdict, 6/01
Amount --The court entered judgment against the plaintiff pursuant to the jury's verdict of no cause of action.
Injuries --Manuel Gonzalez died.
Attorney(s) - Plaintiff --Steve K. Gordon of Durham, Jones & Pinegar
Attorney(s) - Defense --David H. Epperson and Stephen W. Owens of Epperson & Rencher
Expert Witness(es) - Plaintiff --Dr. Stephen Kichineff
Expert Witness(es) - Defense --Dr. Todd Cameron Gray; Dr. Kurt T. Bernhisel; Dr. Philip L. Roberts
Facts/Contentions --Plaintiffs are the spouse (Hilda) and children of Manuel Gonzalez, who came to Pioneer Valley Hospital with pain and tenderness in the upper right quadrant of his abdomen. Dr. Zufelt diagnosed kidney stones, prescribed pain medication, and sent Manuel home with instructions to call his physician if the pain did not abate within two days. Manuel actually had an inflamed gall bladder, and collapsed and died at home. Plaintiff claimed Dr. Zufelt should have run a CBC and performed ultrasound tests before making his diagnosis.
Defendant denied negligence and claimed he met the standard of care. Defendant also said he told decedent to call his own physician even if his pain went away. Defendant claimed decedent presented with blood in the urine and painful urination, which led him to believe decedent was suffering from kidney stones. Defendant claimed he did not run further diagnostic tests because decedent did not show any of the usual symptoms of an inflamed gall bladder.

Miscellaneous

ATTORNEY DISCIPLINE
Case Type --AD; Attorney discipline
Case Name --In the Matter of the Discipline of Paul Gotay
Case Number --000902794
Court/Judge --3rd District/Stirba
Verdict/Settlement --Verdict, 6/01
Amount --Judgment was entered against defendant. The court found that defendant engaged in conduct prejudicial to the administration of justice and should be suspended for six months. The suspension was stayed for all but the first 45 days; during those 45 days defendant was prohibited from practicing law. Defendant was ordered to obtain counseling monthly during the term of his sentence.
Attorney(s) - Plaintiff --Carol A. Stewart, deputy counsel, and David V. Pena, assistant counsel; then Charles A. Gruber, assistant counsel, and Billy Walker, senior counsel, of the Office of Professional Conduct of the Utah State Bar.
Attorney(s) - Defense --James C. Haskins and Thomas N. Thompson of Haskins & Associates
Facts/Contentions --Defendant was involved in an altercation with a tenant who was moving out of the office building owned by defendant. When defendant saw the tenant attempting to dismantle some electronic telephone equipment in the boiler room on the second floor, defendant objected. Heated words were exchanged, after which defendant went back to his office, got a gun and threatened the tenant with the firearm in the presence of eight people who were helping the tenant move. When the police were called and questioned defendant, he denied having the gun in his possession, throwing the gun into a dumpster after the police left. Defendant was convicted of simple assault and attempted aggravated assault.
Defendant originally moved to dismiss this complaint for lack of jurisdiction, but later submitted a proposal for discipline by consent.