HomeMy WebLinkAbout20032746.tiff BENSON & CASE, LLP
ATTORNEYS AT LAW
1660 SO. ALBION STREET, SUITE 1100
DENVER, COLORADO 80222-4047
THOMAS QUENTIN BENSON,P.C. TEL:(303)757-5300
JOHN CASE,P.C. -..FAX:(303)753-0444
AARON L.EVANS E-mail: case®bensoncase.com
www.bensoncase.com
EILEEN S.KOTTENSTEI lb
MICHAEL P.DUL N
STEVEN R PITZNER -
JASON E.SEARNS,OF COUNSEL
September 22, 2003
BY CERTIFIED MAIL
Mr. Kenneth Lee Salazar
Attorney General of the State of Colorado
1525 Sherman St. 5th Floor
Denver, CO 80203
Colorado Department of Transportation
4201 E. Arkansas Ave.
Denver CO 80222
County Commissioners of Weld County
915 Tenth St.
Greeley CO 80631
NOTICE OF CLAIM
Dear Mr. Salazar and ladies and gentlemen,
Please accept this notice of claim for injuries sustained by David A. Shaver on April 2,
2003.
By sending this letter, I do not concede that your client is a public entity or that your
client is protected by any provisions of the Colorado Government Immunity Act, C.R.S. 24-10-
101, et. seq.
a.Claimant
Mr. David Allen Shaver, Jr.
1700 Heritage Cir. 19-B
Fort Collins CO 80526
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Claimant's attorney.
John Case
Benson & Case, LLP
1660 S. Albion St. Suite 1100
Denver CO 80222
303-758-5003
b. Concise statement of factual basis of claim, including the date, time, place, and
circumstances of the act, omission or event complained of.
The factual basis of the claim is that on April 2, 2003 at 10 p.m. dangerous conditions
existed on Colorado Highway 14 approximately 'A mile east of milepost 178 in Weld County,
Colorado. The dangerous conditions consisted of improperly maintained right of way fences,
and livestock on the public highway,which physically interfered with the movement of traffic.
The dangerous conditions caused the injuries of David A. Shaver, Jr. on April 2, 2003.
At approximately 10:00 p.m. Mr. Shaver was driving a 1998 Ford Escort westbound on
Colorado Highway 14. Cattle entered the highway through improperly maintained right of way
fences. The cattle blocked Mr. Shaver's lane of travel. There was a collision between the
vehicle and the cattle, resulting in serious injuries to Mr. Shaver, as set forth below.
c. Name and address of the public employee involved, if known.
The names and addresses of the public employees responsible for the dangerous
conditions are not known at this time. We believe that they may be employees of the Colorado
Department of Transportation, 4201 E. Arkansas Ave., Denver CO 80222, and employees of
Weld County 915 Tenth St. Greeley CO 80631.
d. Concise statement of the nature and extent of the injury claimed to have been suffered.
Mr. Shaver suffered closed head injury with cognitive deficits, and extensive fractures of
facial bones, including multiple fractures of the nasal bone, right orbit, right maxillary sinus and
left maxillary sinus. Mr. Shaver's medical bills to date exceed$15,000.
e. Concise statement of the amount of monetary damages that is being requested.
Mr. Shaver seeks damages in excess of$150,000.
Sincerely,
BENSON&CASE, LLP
By
John Case
JC/ms
cc: David A. Shaver,Jr.
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