HomeMy WebLinkAbout20022547 Jl U'' ' ;:. P Lundgren Law Offices, P.C.
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7717 SEP { 7 FII 9: 26 623 West 20th Street
Post Office Box 746
L. E 'cr4gren---. Cheyenne, Wyoming 82003-0746 Admitted in Alaska", Colorado,
"" Telephone 307/632-0132 and Wyoming
Telefax 307/632-0159
E-Mail: elundgren@iname.com
Web: http://www.lundgrenlaw.com " inactive
September 13, 2002
NOTICE OF CLAIM PURSUANT TO CGIA, Co. Rev. Stat. §24-10-119
Via Federal Express and Facsimile and Registered Mail; Return Service Requested
7001 1140 0002 1604 4912
Weld County Board of County Commissioners Weld County Attorney
915 10th St. 915 10th St.
P.O. Box 758 . P.O. Box 1948
Greeley, CO 80632 Greeley, CO 80632
Facsimile (970) 352-0242 Facsimile (970) 352-0242
State of Colorado
Department of Law
Attorney General
1525 Sherman St., 5t° Floor
Denver CO 80203
Facsimile (303) 866-5691
Re: Claimant: Lynn Poston
615 Storey Blvd., Apt. 306
Cheyenne, WY 82009
Date of Loss: March 19, 2002
Dear Sirs:
Lundgren Law Offices, P.C. represents Lynn Poston ("Mr. Poston"), whose address is
provided above, concerning severe personal injuries sustained in a fall caused by negligent
maintenance of a public sidewalk in Hereford,Colorado. Mr. Poston was injured on the 19`"day of
March, 2002.
The State of Colorado, and/or Weld County own a public sidewalk that runs outside of the
Hereford Bar& Grill, located at 39520 County Road 136, Hereford, CO 80732 (the"Sidewalk").
The State of Colorado has a duty to maintain the sidewalk so as to prevent it from deteriorating to
the point that its state of disrepair becomes a dangerous condition to the public.
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SEP-12-02 04 :55 PM LUNDGREN 3976320159 P. 03
Notice OfCOIA Claim
September 12, 2002
Page 2of2.
Prior to March 19, 2002, the Sidewalk was substantially damaged and deteriorated. The
Sidewalk was broken up at a point near the entrance to the Hereford Bar&Grill. A portion of the
concrete was broken and elevated above the level of the rest of the Sidewalk. The condition of the
sidewalk constituted an unreasonable risk to the health and safety of the public. The sidewalk had
been in its damaged/deteriorated condition for such a period of time and was of such a nature that,
in the exercise of reasonable care, such condition and its dangerous character should have been or
had been discovered by the State of Colorado and Weld County. The State of Colorado and Weld
County had a duty to maintain and repair the sidewalk to protect the public health and safety. The
State of Colorado and Weld County's failure to repair and maintain the Sidewalk was a negligent
act or omission.
On March 19, 2002, around or shortly after 8:00 p.m. Lynn Poston stepped onto a public
sidewalk as he prepared to enter the Hereford Bar& Grill. It was dark at the time and inadequate
lighting made the Sidewalk difficult to see. As Mr.Poston stepped onto the damaged portion of the
Sidewalk,his foot caught on the broken concrete and he tripped and fell to the ground. Mr. Poston
sustained severe injuries to various portions of his body including,but not limited to, his right arm.
His arm was broken in multiple places and his elbow was shattered, He has now endured multiple
surgeries,the most recent of which was done in September,2002,and other medical procedures to
treat his injuries, Mr. Poston has suffered through extended periods of hospitalization) Mr.
Poston's injuries are permanent, his treatment is ongoing, and his pain is chronic.
Mr. Poston hereby requests compensation for his injuries and damages in the amount of
56,000,000.00.
Respec full Submitted,
ric Lund en
LUNDGREN LAW OFFICES,P.C.
Attorney for Lynn Poston
623 West 20'h St.
P.O. Box 746
Cheyenne, WY 82003-0746
(307)632-0132(Phone)
(307)632-1059(Facsimile)
cc: Lynn Poston
At the time of the injury,Mr. Poston was a sixty five year old veteran of the
United States Armed Forces and has been treated for his injuries through the Veterans Health
Administration, both at the Cheyenne VA Medical Center and, for the more extensive surgical
procedures,at the Denver VA Medical Center.
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