HomeMy WebLinkAbout20093129.tiffJ. KYLE BACHUS*
DARIN L. SCHANKER
SHARI R. L. WILLIS**
MARC P. HARDEN
STEPHEN A. JUSTINO
ANGELA E. McGRAW***
JAMES W. OLSEN****
JEFFREY F. DEAN*****
CHARLES R. CRISPELL*
ERIC M. PIZZUTI******
BACHUS & SCHANKER, LLC
ATTORNEYS AT LAW
November 18, 2009
VIA REGISTERED MAIL
RETURN RECEIPT REQUESTED
Governor Bill Ritter
136 State Capitol
Denver, CO 80203
Mr. Russell George
Executive Director
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 262
Denver, CO 80222
Mr. William F. Garcia, Chairman
Weld County Board of Commissioners
915 Tenth Street
Greeley, CD 80632
Mr. Pat Persichino, Director
Weld County Department of Public Works
1111 H Street
Greeley, CO 80632
1400 16`" STREET, SUITE 450
DENVER, CO 80202
PHONE: 303.893.9800
FAX: 303.893.9900
123 N. COLLEGE AVENUE, SUITE 211
FORT COLLINS, CO 80524
PHONE: 970.493.4969
John Suthers, Esq.
Colorado Attorney General
1525 Sherman Street, Seventh Floor
Denver, CD 80203
M. Harry Morrow, Esq.
Chief Transportation Counsel
Attorney General's Office
1525 Sherman Street, Fifth Floor
Denver, CO 80203
Bruce Barker, Esq.
County Attorney, Weld County
915 Tenth Street
Greeley, CO 80632
Re: Governmental Immunity Act Notice
My Client: Eustis Habighorst
Date of Incident: July25, 2009
'Also admitted in Florida
"Also admitted in Kansas
"'Also admitted in Wisconsin
""Also admitted in New York
*****Also admitted in Minnesota,
Wyoming and Nebraska
"""Also admitted in Ohio
and Washington D.C.
To Whom It May Concern:
This Notice of Claim is submitted pursuant to the Governmental Immunity Statute,
CRS. § 24-10-109.
1) The name and address of claimants and their attorneys:
Claimant: Eustis Habighorst
210 Pelican Cove
Wmdsor, CO 80550
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Attorneys: Jeffrey F. Dean, Esq.
www.coloradolaw.net
2009-3129
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Governmental Immunity Act Notice
Eustis Habighorst
November 18, 2009
Page 2 of 2
BACHUS & SCHANKER, L.L.C.
123 North College Avenue, Suite 211
Fort Collins, CO 80524
2) A concise statement of the factual basis of the claim including the date, time,
place and circumstances of the act, omission, or event complained of:
On or about July 25, 2009, upon information and belief, Mr. Habighorst was
driving a 2005 Cadillac Escalade limousine eastbound on Colorado Highway 392 at
its intersection with Weld County Road 55. Saul Molina was driving northbound on
Weld County Road 55 at its intersection with Colorado Highway 392. Mr. Molina
slowed, but did not come to a complete stop before entering the intersection,
causing a collision. Visibility at this intersection was obstructed as the result of the
municipality's negligence.
3) The name and address of any public employees involved:
Unknown highway maintenance workers responsible for Colorado
Highway 392 at its intersection with Weld County Road 55
4) Concise statement of the nature and extent of the injuries claimed to have
been suffered:
As a result of the above -referenced incident, Mr. Habighorst sustained
personal injuries, losses, and damages including, but not limited to, injuries to his
head, neck, back, left wrist and left arm. Mr. Habighorst has incurred medical
treatment as a result of his injuries and has sustained other economic and non-
economic damages and losses including, but not limited to, medical bills, mental and
physical pain and suffering, inconvenience, emotional stress, disability, disfigurement,
and impairment of quality of life.
5) A statement of the amount of monetary damages that is being requested:
At this time, claimant Eustis Habighorst is requesting payment of no less
than $150,000.00.
Please contact me if you have any questions.
Sincerely,
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