HomeMy WebLinkAbout20031811.tiff DISTRICT COURT,WELD COUNTY,
COLORADO
901 9th Street-,.
P.O. Box 2038
Greeley, CO 80631
PLAINTIFFS: VICTORIA CIOLEK and
JOHN CIOLEK,
v.
DEFENDANT: COUNTY OF WELD A COURT USE ONLY
COUNTY, COLORADO, CITY OF
GREELEY, and GREELEY
INDEPENDENCE STAMPEDE,INC.
Attorneys for Plaintiff Case No.
Randall J. Paulsen#10643 Division_
Dennis B. Wanebo, #8515
PAULSEN& WANEBO, LLC
8704 Yates Drive, Suite 100
Westminster, CO 80031
Phone: (303) 426-7336
Fax: (303) 426-7411
E-mail randy@colomedmal.com
dennis@colomedmal:com
rnticir utr0R7C13O - - -
- To the Defendant(s)named above:
You are summoned and required to file with the clerk of this court an answer or other response to
the attached Complaint within twenty(20) days after this Summons is served on you in the State
of Colorado, or within thirty(30) days after this Summons is served on you outside the State of
Colorado.
If you fail to file your answer or other response to the Complaint in writing within the applicable
time period,judgment by default may be entered against you by the court for the relief demanded
in the Complaint,without any further notice to you.
Dated: June 27, 2003 Respec y su 'tied,
By: an aulsen, 10643 -
This Summons is issued pursuant to Rule 4,C.R.C.P.,as amended. A copy of the Complaint must be kii ed wit
this Summons.
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( ? n7/h/'Nrri971Ci S 2003-1811
DISTRICT COURT, WELD COUNTY,
COLORADO
901 9th Street
P.O. Box 2038
Greeley, CO 80631
PLAINTIFFS: VICTORIA CIOLEK and
JOHN CIOLEK,
v.
DEFENDANT: COUNTY OF WELD A COURT USE ONLY
COUNTY, COLORADO, CITY OF
GREELEY, and GREELEY
INDEPENDENCE STAMPEDE, INC.
Attorneys for Plaintiff Case No.
Randall J. Paulsen#10643 Division
Dennis B. Wanebo, #8515
PAULSEN&WANEBO, LLC
8704 Yates Drive, Suite 100
Westminster, CO 80031
Phone: (303) 426-7336
Fax: (303) 426-7411
E-mail randy@colomedmal.com
dennis@colomedmal.com
COMES NOW the Plaintiffs,by and through her attorneys, PAULSEN & WANEBO,
L.L.C., and as and for their Complaint against the Defendants, state, allege and aver as follows:
GENERAL ALLEGATIONS
1. At all times material to this action, the Plaintiffs, Victoria Ciolek and John Ciolek,
were residents and domiciliaries of the State of Colorado, residing at 10927 West 102nd Court,
Westminster, Colorado, 80201.
2. At all times material to this action, the Defendant, County of Weld County,
Colorado was a Colorado body politic,headed by the Weld County Commissioners, with a
business address of 915 Tenth Street, P.O. Box 758, Greeley, CO 80632.
3. At all times material to this action, the Defendant, City of Greeley,was a
municipal governmental agency,with a Council-Manager form of government, with a business
address of 1000 Tenth Street, Greeley, CO 80631.--
4. At all times material hereto,the Defendant, Greeley Independence Stampede, Inc.,
was a nonprofit corporation whose registered agent for service was Lynn Sett]e, 600 North 14th
Avenue, Greeley, CO 80631.
5. At all times material hereto, the Defendants, City of Greeley and County of Weld,
Colorado,had joint responsibility for the maintenance of a public facility known as Island Grove
Park,within the city limits of the City of Greeley and the county limits of Weld County.
6. Venue is proper in the County of Weld, State of Colorado.
7. On or about July 1, 2001, during a function known as the Greeley Stampede, the
Plaintiff, Victoria Ciolek,while walking the grounds of Island Grove Park, stepped into a
manmade hole created by the construction and improper maintenance of a sprinkler system valve
box owned by the City of Greeley, and County of Weld.
8. Pursuant to the terms of a rental agreement executed June 23, 2001, by and
between the City of Greeley and the Defendant, Greeley Independence Stampede, Inc., the City
of Greeley retained control and management of all contracted facilities, including Island Grove
Park.
9. Pursuant to the terms of an agreement entered into by and between the City of
Greeley and Greeley Independence Stampede,Inc., Greeley Independence Stampede, as lessee,
agreed to indemnify and hold harmless and defend the City of Greeley City Council and Weld
County Board of Commissioners for Weld County and all-employees-and-agents-thereof for any-- _
�unage to eifher property or persons restiltmg from accident,mlurY. or other mcrdents esultmg ".: " °' ':
from lessee's use of the facility.
10. The valve box in question was constructed improperly and maintained improperly
by all three Defendants, and as a direct,proximate and foreseeable result of the improper
construction and maintenance, the Plaintiff, on July 1, 2001, suffered severe and permanently
disabling injuries, including severely broken bones, contusions, ligamentous damage, and muscle
damage, many of which injuries will be permanently painful, permanently disabling, and
permanently disfiguring.
11. As a direct,proximate and foreseeable result of the actions of the Defendants and
each of them, the Plaintiff, Victoria Ciolek, has suffered damages, injuries and losses, including
but not limited to,past,present and future medical expenses, loss of enjoyment of life, severe
physical and emotional pain and anguish, emotional upset, physical impairment, and physical
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disfigurement. In addition,Plaintiff has incurred incidental expenses attendant to her medical
treatments.
12. On October 3, 2001, statutory notice was provided pursuant to the Governmental
Immunity Act to all required persons for the County of Weld County, Colorado and all required
persons for the City of Greeley.
13. Pursuant to C.R.S. §24-10-106(e), sovereign immunity for both the County of
Weld and the City of Greeley is waived for injuries resulting from a dangerous condition of any
public hospital,jail,public facility located in any park or recreation area maintained by a public
entity, or public water, gas, sanitation, electrical,power or swimming facility.
WHEREFORE, the Plaintiffs pray following their final Claim for Relief.
FIRST CLAIM FOR RELIEF
AGAINST THE COUNTY OF WELD AND CITY OF GREELEY
AS PUBLIC ENTITIES
(Negligence)
14. The Plaintiffs incorporate by reference Paragraphs 1 through 13 of this Complaint
as though fully contained herein insofar as they may be applicable.
15. At all times material to this action,the Defendants, County of Weld and City of
Greeley, owed a duty, as a public entity, to maintain public way and facilities, which duty
included a duty to use reasonable care to construct and maintain its park facilities in a reasonably
safe condition for ordinary use and/or to use reasonable care to warn of any dangerous condition
of which the Defendants knew or reasonably should have known in sufficient time to have
removed or corrected the condition or to have given warning of its existence.
16: AY all times materi iTo this Comptamt,fife valve bok Iodated on the properly'of
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the Defendants, County of Weld and City of Greeley, constituted a"dangerous condition"which
constituted an unreasonable risk to the health and safety of the public.
17. The foregoing dangerous condition was known to exist by these Defendants, or
should have been known to exist with the exercise of reasonable care.
18. The Defendants breached their duty of due care to the Plaintiffs.
19. The Defendants were negligent.
20. As a direct,proximate and foreseeable result of the Defendants, Weld County's
and the City of Greeley's failure to properly construct and maintain the valve box on this public
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facility, the Plaintiff suffered injuries, damages, and losses as previously referenced in Paragraph
10 and 11.
21. As a direct,proximate and foreseeable result of the negligence of the Defendant,
the Plaintiff,Victoria Ciolek, suffered those damages, injuries, and losses previously referenced
Paragraphs 10 and 11.
WHEREFORE, the Plaintiffs pray following their final Claim for Relief
SECOND CLAIM FOR RELIEF
(Negligence of Greeley Independence Stampede,Inc.)
22. The Plaintiffs incorporate by reference Paragraphs 1 through 21 of this Complaint
as though fully contained herein insofar as they may be applicable.
23. At all times material to this Complaint,the Defendant, Greeley Independence
Stampede, Inc., as a lessee of the premises, owed a duty to the Plaintiffs and others similarly
situated to exercise due care in the maintenance of all grounds and facilities, so as to prevent
injuries from hazards which the Defendant knew of or reasonably should have known of.
24. The Defendant, Greeley Independence Stampede, Inc., upon information and
belief,was aware of the dangerous condition of the valve box, and neglected and failed to either
repair the valve box, or warn invitees and licensees of the danger posed by the valve box.
25. The Defendant, Greeley Independence Stampede, Inc., breached its duty of due
care to the Plaintiffs.
26. The Defendant, Greeley Independence Stampede, Inc., was negligent.
27. As a direct roximate and foreseeable result of the actions of the Defendant
Greeley Independence Stampede, Inc.,the Plaintiff, Victoria Ciolek,suffered those damages,
injuries and losses as set forth above in Paragraphs 10 and 11.
WHEREFORE, the Plaintiffs pray following their final Claim for Relief.
THIRD CLAIM FOR RELIEF
(Indemnification)
28. The Plaintiffs incorporate by reference Paragraphs 1 through 27 of this Complaint
as though fully contained herein insofar as they may be applicable.
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29. Pursuant to the agreement between the Defendants, the Defendant, Greeley
Independence Stampede,Inc.,was required to indemnify the County of Weld and City of Greeley
for any damages resulting from damage to property or persons during the term of the leasehold.
30. Pursuant to the terms of the agreement, the Defendant, Greeley Independence
Stampede, Inc., agreed to insure and indemnify the County of Weld and City of Greeley in an
amount not less than $600,000 for use of the premises by public entities.
31. To the extent of applicable insurance proceeds, the governmental cap on
immunity is waived.
32. As a direct, proximate and foreseeable result of the failures of the respective
Defendants to meet their respective duties of due care, the Plaintiff, Victoria Ciolek, suffered
those damages, injuries and losses previously referenced in Paragraph 11.
WHEREFORE, the Plaintiffs pray following their final Claim for Relief
FOURTH CLAIM FOR RELIEF
(Loss of Consortium)
33. The Plaintiffs incorporate by reference Paragraphs 1 through 32 of this Complaint
as though fully contained herein insofar as they may be applicable.
34. The Plaintiff, John Ciolek, is the husband of the Plaintiff, Victoria Ciolek.
35. As a direct,proximate and foreseeable result of the actions of the Defendants and
each of them, the Plaintiff, John Ciolek's spouse was injured.
36. At the time of the Plaintiff, Victoria Ciolek's injuries, the Plaintiff, John Ciolek
and Victoria Ciolek were married.
37. As a direct, proximate and foreseeable result of the injuries to Victoria Ciolek, the
Plaintiff,John Ciolek, also had a loss of his rights of consortium.
WHEREFORE,the Plaintiffs pray for judgment in their favor and against the Defendants
and each of them, for the Plaintiff,Victoria Ciolek's damages, including medical expenses,past,
present and future physical and emotional pain and suffering, loss of enjoyment of life, expenses
incidental to receiving medical care; and for Plaintiffs John Ciolek's damages for loss of
consortium, together with interest, costs, and such other and further relief as the Court deems just
and proper.
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PLAINTIFF HEREBY��// REQUESTS A TRIAL TO A JURY OF SIX.
Dated this2Sgay of (/44,c , 2002.
Respectfully submitted,
B .�
Randall J.Paulsen,No. 10643
Plaintiffs' Address:
10927 West 102nd Court
Westminster, Colorado, 80201
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