HomeMy WebLinkAbout20001123.tiff DISTRICT COURT, WELD ; COUNTY STATE OF COLORADO
CASE NO. Div/CtRm
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SUMMONS
GERALD D. MARTINE and HARRIET v. THE BOARD OF COMMISSIONERS OF
B. MARTINE, WELD COUNTY,
Plaintiffs
Defendant
The People of the State of Colorado
To the Defendant(s) named above: The Board of Commissioners of Weld County
You are summoned and required to file with the clerk of this court an answer or other res
ponse 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.
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The following documents are 'also served with this summons: Complaint and Jury Demand
Date: March 10. 2000
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Signature f Attorney for Plaintiff or Clerk/Deputy Clerk o Cr:,wrr
If signed h attorney.type: Name.address,tel.4,re2. betou
Kent N. Campbell, 413 170
Wick Campbell Bramer tJkasick &
Traunvein, LLC
P.O. Box 2166
Fort Collins, CO 80522
Telephone: (970) 482-4011
This summons is issued pursuant to Rule 4, CRCP, as amended.
A copy of the complaint must be served with this summons.
2000-1123
RETURN OF SERVICE •
State of
County of
I declare under oath that I served this summons and a copy of the complaint in this case on
in County
. on
at at the following location:
Time
❑ by handing it to a person identified to me as the defendant.
❑ by leaving it with the defendant who refused service.
❑ by leaving it with designated to receive service for the defendant.
❑ I am over the age of IS years and am not interested in nor a party to this case. •
❑ I attempted to serve the defendant on occasions but have not been able to locate the defendant
Return to the plaintiff is made on
Date
Subscribed and sworn to before me this day of , 1.9
in County. State of
Notary Public* Date
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❑ Private process server
❑ Sheriff, County
Service$
Mileage S ;
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I
II
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*Notary should include address and expiration date of commission.
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No.
COMPLAINT AND JURY DEMAND
GERALD D. MARTINE and HARRIET B. MARTINE.
Plaintiffs.
v.
THE BOARD OF COMMISSIONERS OF WELD COUNTY,
Defendant.
Plaintiffs, by and through their attorneys, Wick Campbell Bramer Ukasick & Trautwein.
LLC, and for their complaint, allege and assert as follows:
VENUE
1. Pursuant to C.R.C.P. 98(c)(5) venue for this action is proper in Weld County
because the tortious conduct of the defendant, set forth below, occurred in Weld County.
Colorado.
PARTIES AND JURISDICTIONS
2. Plaintiffs Gerald D. Martine and Harriet B. Martine are individual persons
residing at all relevant times in Weld County, Colorado.
3. Defendant Board of Commissioners of Weld County is the duly elected governing
body of Weld County. Colorado. a political subdivision of the State of Colorado.
4. Defendant Board of Commissioners of Weld County at all times owned and
operated a facility known as the Motor Vehicle License Plate Bureau. 1402 North 17th Avenue,
Greeley. Weld County. Colorado.
5. Plaintiffs have complied with all prerequisites and requirements of the
Governmental Immunity Act. C.R.S. §24-10-101 et seq, including the notice provisions of §24-
10-109. thereby conferring subject matter jurisdiction upon this court.
GENERAL ALLEGATIONS
6. On December 3, 1999, plaintiffs entered the above-referenced Weld County
facility as business invitees to conduct business there.
7. The aforesaid License Bureau is a public facility owned and operated by
defendant.
8. The plaintiffs were at the aforesaid public facility during normal operating hours.
seeking to purchase license plates for their automobile.
9. Upon entering the facility. plaintiff Gerald Martine. an elderly gentleman then 81
years of age, encountered a rug in the entry hallway which was curled upward on the edge. Mr
Martine. due to his elderly status and condition, walking with a cane and pulling an oxygen
bottle, did not see the curled up edge of the rug, tripped and fell over it, resulting in a fractured
right femur just below the hip necessitating surgical repair including installation of pins and
plates. hospitalization and a prolonged recuperation.
10. It is reasonably foreseeable to defendant that elderly persons such as plaintiffs
Martine would be utilizing the aforesaid public facility and said defendant therefore had a duty to
• guard and protect against dangerous conditions such as that which existed with respect to this
public facility as alleged above.
FIRST CLAIM FOR RELIEF
(Negligence)
11. Plaintiffs hereby incorporate the preceding allegations as though fully set forth
herein.
12. The Board of Commissioners of Weld County had a duty to use reasonable care to
construct and maintain its public facilities in a reasonably safe condition for ordinary use.
13. The defendant failed to exercise its duty to maintain the aforesaid public building
and facility in a reasonably safe condition.
14. The defendant knew or should have known with reasonable care that the aforesaid
rug was in an unsafe and dangerous condition.
IS. The defendant failed to take even minor, remedial measures in attempting to keep
the aforesaid public building and facility reasonably safe by removing and replacing the aforesaid
rug or tacking it down to the floor.
16. Plaintiff Gerald D. Martine was a member of the public that was requested,
expected and intended to use this facility.
17. The aforesaid condition constituted a dangerous condition of a public building.
18. As a direct and proximate result of the negligence of the defendant and the
dangerous condition of its public building, plaintiff Gerald D. Martine has incurred damages and
losses including but not limited to medical expenses, future medical expenses, pain and
suffering, loss of enjoyment of life, inconvenience, emotional distress, permanent impairment,
and will continue to endure such injuries and losses in the future.
SECOND CLAIM FOR RELIEF
(Res Ipso Loquitur)
19. Plaintiffs hereby incorporate the preceding allegations as though fully set forth
herein.
20. The type of injury sustained by plaintiff Gerald D. Martine is such type as does
not ordinarily occur in the absence of negligence.
21. The negligence of defendant is implied under the circumstances under the
doctrine of res ipsa loquitur.
THIRD CLAIM FOR RELIEF
(Premises Liability)
22. Plaintiffs hereby incorporate the preceding allegations as though fully set forth
herein.
23. Defendant was a person legally responsible for the condition of the aforesaid real
property and for the activities conducted or circumstances existing on said real property.
24. Plaintiffs were invitees who entered or remained on the aforesaid real property in
order to transact business in which the parties were mutually interested or who entered or
remained on such land in response to the landowner's express or implied representation that the
public is requested. expected or intended to enter or remain.
25. Plaintiff Gerald D. Martine. as an invitee. is entitled to recover for damages
caused by the defendant's unreasonable failure to exercise reasonable care to protect against
dangers of which it actually knew or should have known.
26. As a direct and proximate result of defendant's unreasonable failure to exercise
reasonable care to protect against dangers of which it actually knew or should have known,
plaintiff Gerald D. Martine has incurred damages and tosses including but not limited to medical
expenses, future medical expenses, pain and suffering, loss of enjoyment of life, inconvenience,
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emotional distress, permanent impairment, and will continue to endure such injuries and losses in
the future.
FOURTH CLAIM FOR RELIEF
(Loss of Consortium)
27. Plaintiffs hereby incorporate the preceding allegations as though fully set forth
herein.
28. At all relevant times- plaintiffs have been married.
29. As a direct and proximate result of defendant's negligence and operation and
maintenance of a dangerous public building, plaintiff Harriet B. Martine has suffered a loss of
consortium as a result of bodily injuries sustained by her husband, Gerald D. Martine. thereby
entitling said Harriet B. Martine to reasonable compensation for said loss of consortium.
PRAYER FOR RELIEF
Plaintiffs hereby respectfully request the court enter judgment in their favor and against
the defendant for compensatory damages, pre- and post-judgment interest as provided by law,
costs, expert witness fees, reasonable attorney's fees pursuant to statute, and for such further
relief as the court shall deem just and proper.
JURY DEMAND
Plaintiffs hereby demand a trial to ajury of six on all issues herein. The statutory jury fee
is remitted herewith.
Dated ;14) March 2000.
Respectfully submitted,
WICK CAMPBELL BRAMER UKASICK &
TRAliTWEIN, LLC
BY:
Kent N. Campbell, 413170
Attorneys for Plaintiffs
P.O. Box 2166
Fort Collins, CO 80522
Telephone: (970) 482-4011
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Plaintiffs' Address:
622 23rd Street. Apt. #114
Greeley, CO 80632
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