HomeMy WebLinkAbout931649.tiff n C�;'_.'-F1
NOTICE OF CLAIM ' "
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TO: THE STATE OF COLORADO; WELD COUNTY, COLORADO; AND, MARK A.
JACOBY.
The names and addresses of the claimants are: Joe Carmichael,
6606 Paradise Lane, Glendale, AZ 85306 ; Jeff Lemaire and Bonnie
Lemaire, 6606 Paradise Lane, Glendale, AZ 85306; and, Jennifer E.
Carter, 500 West County Road 10E, Berthoud, CO 80513 .
The attnrney for tho claimants is R. R. Fickel (6629) ,
Attorney at Law, P.O. Box S, Berthoud, CO 80513 , telephone
(303) 532-2652 .
The State of Colorado, c/o Attorney General, State Services
Building, 1525 Sherman Street, 110 16th Street, 10th Floor, Denver,
CO 80202 , is the responsible party for Colorado State Highway 392
where the incident occurred. The owner of the ambulance involved
in the incident is Weld County Colorado, c/o Weld County Attorney,
P.O. Box 1948 , 915 10th Street, Greeley, CO 80632 . The employee of
Weld County involved in this incident is Mark A. Jacoby, 823 Elm
Street, Windsor, Colorado 80550 and was at the time of the incident
driving the ambulance involved in the incident.
The basis for this claim is as follows:
On June 30, 1993 , at approximately 3 : 30 A.M. , three registered
Quarter horses owned by the claimants had panicked and escaped
their confinement of steel livestock panels located on private
property adjacent to Colorado State Highway 392 . The three Quarter
horses had proceeded from the private property on to the roadway of
Colorado State Highway 392 .
The three Quarter horses were standing in the westbound lane
of Colorado State Highway 392 facing east when they were struck and
killed by the ambulance owned by Weld County, Colorado. The
ambulance was being driven by Weld County employee, Mark A. Jacoby.
Mr. Jacoby was proceeding westbound with his headlights on low beam
at a rate of speed that was in excess of his range of vision. He
was therefore unable to see the three Quarter horses until impact.
There was/were no oncoming vehicle(s) in the eastbound lane of
Colorado State Highway 392 therefore the use of the low beam
headlights was an election of Mr. Jacoby not a necessity due to
oncoming traffic. A reasonable and prudent person would have
either slowed the ambulance, or, proceeded with the use of the high
beam headlights considering the amount of traffic and hour of the
day. Mr. Jacoby was not on an emergency run, because he was
proceeding without benefit of emergency flashers and siren at the
time that he struck and killed the three Quarter horses.
I' V 931649
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The claimants train and sell performance horses. They have
incurred damages as a result of their loss of these registered
Quarter horses. Mr. Carmichael's Quarter horse, Li' l Mose Again,
was valued in excess of $25, 000. Mr. Carmichael has had at least
two offers to purchase Li'l Mose Again for $25, 000 which he
rejected. Jeff and Bonnie Lemaire are the owners of Buck Poco
McCue and he was valued at $15, 000. Li' l Mose Again and Buck Poco
McCue were seasoned performance horses. These Quarter horses had
been entered and shown in competitions in numerous states which
increased their value and promoted the horse training performed by
these claimants. These Quarter horses were entered in scheduled
competitions subsequent to the date of their deaths in the state of
Colorado. Jennifer Carter's horse, Choice's Shadow, h?d been
entered in competitions in Colorado, however he was not as seasoned
a performance horse as the other two. He was valued at $5,000.
The claimants have not only suffered a loss of their personal
property, i.e. the Quarter horses, but the income these Quarter
horses would have generated in their occupations as horse trainers.
It is the claimants' position that the State of Colorado, Weld
County, Colorado, and, Mark A. Jacoby, employee of Weld County,
Colorado are jointly and severally liable for the loss of the
claimants' personal property valued at $45, 000. In addition to the
loss of the Quarter horses the claimants have lost the income that
these Quarter horses would have generated had they been able to
continue to enter them in the competitions to promote their
training occupations of performance horses. Mark A. Jacoby was
travelling at a rate of speed on a state highway in excess of the
amount of light that was provided by the low beam position of his
headlights. Mr. Jacoby was therefore unable to see the Quarter
horses in time to slow his vehicle or take evasive action to avoid
impact with the three Quarter horses which were standing still,
facing him in the westbound lane.
Submitted this j '� day of November, 1993 .
R. B. Fickel (6689)
Attorney for Plaintiff
P.O. Box S
Berthoud, CO 80513
Telephone: 532-2652
Certificate of Mailing
I, the undersigned, do hereby certify that a true and correct
copy of the foregoing Notice of Claim was mailed certified, n
receipt requested, and postage prepaid this /G day November,
1993 to:
The State of Colorado
c/o Attorney General
State Services Building
1525 Sherman Street
110 16th Street, 10th Floor
Denver, Co 80302 ;
Board of Commissioners
Weld County Colorado
P.O. Box 758
Greeley, CO 80632; and,
Mark A. Jacoby
823 Elm Street
Windsor, Colorado 80550
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