HomeMy WebLinkAbout20100365 February 5, 2010
VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Douglas Rademacher, Chair
Board of County Commissioners
County of Weld
915 10th Street
Greeley, Colorado 80632
NOTICE OF CLAIM
Notice is hereby given of the following claim:
A. The name and address of the Claimant is:
Dan Fisher
2427 Haven Court
Evans, Colorado 80620
B. The name and address of the Claimant's attorney is:
Franklin D. Azar & Associates, P.C.
14426 East Evans Avenue
Aurora, Colorado 80014
(303) 757-3300
C. The basis of the claim is:
On or about August 14, 2009, at approximately 4:20 p.m., the claimant was
operating a motorcycle exiting 818 31st Street turning right onto the Frontage Road
towards Highway 85, County of Weld, State of Colorado. As claimant turn to enter the
frontage road, claimant wheels struck a pothole covered in rain water causing claimant to
lose control of the motorcycle and strike the ground The area of the pothole was known
or should have been known to flood causing deterioration of the roadway surface. The
County of Weld ('Weld") failed to use existing means available to it for maintenance and
repair of the frontage road where the pothole existed. Weld had actual notice by the
proper public officials responsible for the roadway and had a reasonable time to act. The
incident was caused by the negligence of the Weld employee(s) by not using existing
means available to it for maintenance, repair and supervision of the roadway. Weld
maintenance and repair was supervised and maintained by unknown employee(s) of Weld
in the course and scope of his/her/their employment. As a result of the said incident, the
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claimant sustained personal injuries and property damage. A copy of the State of
Colorado Traffic Accident Report dated August 14, 2009 is attached for your review.
D. The name of the public employee(s) involved is:
Unknown
E. Claimant has suffered injuries to his head, neck, back, and other and
further related injuries.
F. The Claimant will seek damages to compensate him for the cost of
medical treatment, prescriptions, and therapy for the severe pain and suffering resulting
from the subject accident, loss of enjoyment of life, loss of earnings, and loss of property.
G. The approximate amount of Claimant's injuries are anticipated to be in
excess of$250,000.00.�J�'Dated this 4 day of February, 2010.
Very truly yours,
FRA D. AffooZAR & ASSOCIA S, P.C.
Frank] n D. Azar, #13131
Robert E. Markel, #12401
14426 East Evans Avenue
Aurora, Colorado 80014
(303) 757-3300
ATTORNEYS FOR CLAIMANT
FDA/djb
CERTIFICATE OF MAILING
I hereby certify that on the " day of February, 2010, I deposited in the United
States Mail,postage prepaid, certified mail/return receipt requested, a true and correct
copy of the foregoing to:
Douglas Rademacher, Chair
Board of County Commissioners
County of Weld
915 10th Street
Greeley, Colorado 80632
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