HomeMy WebLinkAbout20010094.tiff MYATT BRANDES & GAST
RAMSEY D.MYATT It.;LLD ( -r','
ROBT.W.BRANDES,JR. PROFESSIONAL CORPORATION -s r,
RICHARD S.GAST AT TORNEYS AND COUNSELORS AT LAW 1-' ' TELEPHONE (970)482-4846
JEFFREY J.JOHNSON CLOCKTOWER SQUARE FACSIMILE (970)482-3038
323 SOUTH COLLEGE AVENUE,SUITEri J'_:f -3 raj 9. q- AIL:bleOoe@VCIIOeL COM
DANIEL C.MUFFLY FORT COLLINS,COLORADO 80524-2845
BRIAN R.LEONE
EC: ,_
January 4, 2001 C
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Bruce Barker, Esq.
Weld County Attorney's Office
915 10th Street
P.O. Box 1948
Greeley, Colorado 80632
Weld County Commissioners' Office
915 10th Street
P. O. Box 758
Greeley CO 80632
Re: Notice of Claim pursuant to Colo. Rev. Stat. § 24-10-109
Ladies & Gentlemen:
This office represents Mrs. Theresa Nara, the surviving spouse of Brian J. Nara, deceased.
On behalf of Mrs. Nara —who is acting both as surviving spouse for purposes of presenting her
husband's claim and in her own right with respect to her own separate claim— we are transmitting
the within Notice pursuant to C.R.S. § 24-10-109 . Please be advised as follows:
(a) Name and address of Claimants and attorneys:
Claimants: (1) Brian J.Nara,deceased;whose claim is presented by Theresa Nara
as his surviving spouse; and
(2) Mrs. Theresa Nara, 624 West 2nd Street, Loveland, Colorado
80537, filing a claim for herself individually.
Attorneys: Robert W. Brandes, Jr., Esq., and Brian R. Leone, Esq.
Myatt Brandes & Gast PC
323 South College Avenue, Suite 1
Fort Collins, Colorado 80524
(970) 482-4846
Consen! GI ien11&
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2001-0094
Weld County Attorney
Weld County Board of County Commissioners
January 4, 2001
Page 2
(b) Concise statement of the factual basis of the claim, including date,time, place, and
circumstances of the act, omission, or event complained of:
On the morning of July 19, 2000, the Weld County Road and Bridge Department
("R&B Department") was conducting a structural stabilization operation at a County bridge
structure on Weld County Road 59,near Keenesburg, Colorado. As part of the operation,the Road
and Bridge Department had contacted the Western Concrete Pumping Company in order to obtain
the use of a concrete pumping truck. The decedent, Brian J. Nara, was the Western Concrete
Pumping company operator assigned to travel with the equipment to the job site. The pumping
truck delivered concrete through hose attached to a moveable arm or"boom,"and Mr.Nara utilized
a control box to direct the boom in response to instructions, information and signals given by the
County employees. The configuration of the bridge work and the location where the concrete was
to be directed required the concrete pumping vehicle to be operated in close proximity to high
voltage power lines;however,the Road and Bridge Department did not adequately inform Western
Concrete or Mr.Nara of the dangerous condition present at the job site. In addition,the County crew
failed to take steps to mitigate the danger. For example, the County workers neither took steps to
cause the power in the lines to be turned off during the concrete-pumping work,nor did they provide
a "spotter" to observe the boom and warn if it came near the power lines. As a result of the
omissions by the County and its employees, the boom did come into contact with the power lines,
resulting in the death of Mr. Nara.
(c) The name and address of any public employee involved, if known:
Mike Eagleson, address presently unknown, telephone 970-365-1350,
believed to be an employee of the Weld County Road and Bridge
Department, who was at the scene at the date and time of the incident.
Terry Eugene May, 179 44th Avenue, Greeley CO 80634, telephone:
970-356-3138, believed to be an employee of the Weld County Road
and Bridge Department, who was at the scene at the date and time of the incident.
Harland Lee Clymer, 617 Mountview Rd., LaSalle CO 80645,
telephone: 970-2846156, believed to be an employee of the Weld
County Road and Bridge Department, who was at the scene at the date
and time of the incident.
(d) A statement of the nature and the extent of the injury claimed to have been suffered:
Mr. Nara was killed as a result of the incident, and it is hereby asserted that the
County is responsible for death by wrongful act or omission. In addition, Theresa
Weld County Attorney
Weld County Board of County Commissioners
January 4, 2001
Page 3
Nara has been damaged by the loss of her husband's support, comfort and
consortium,which injuries are derivative of the claims of Mr.Nara and also resulted
from the County's omissions.
(e) A statement of the amount of money damages being requested:
The sum of$250,000.00 is sought as damages for the wrongful death of Brian J.
Nara,and to compensate Theresa Nara for the loss of her husband's support,comfort
and consortium.
In addition, Theresa Nara demands a formal change to and improvement of the
official policies of the Weld County Road and Bridge Department (and other
departments), so as to avoid future preventable accidents, such as this one.
In accordance with C.R.S. § 24-10-109,please respond to this Notice of Claim within ninety
(90) days. If you should wish to discuss this matter in detail, please feel free to telephone.
Thank you for your attention to this matter.
Very truly yours,
MYATT BRANDES & GAST PC
By: Brian R.R. ne
BRL/ech
cc: Mrs. Theresa Nara
F:\WPC\Brl\CLIENT FILE5Wara\Notice of Claim-1-4-01.WPD
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