HomeMy WebLinkAbout981656.tiff cA 4,7
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. 7 //.., :1 '4/1 9' , I Courtroom/Division
COMPLAINT
TREACEL E. ALLEN, also known as TERM ALLEN,
Plaintiff,
vs,
WELD COUNTY-COLORADO acting by and through THE WELD COUNTY BOARD OF
COMMISSIONERS, WELD COUNTY SHERIFF'S DEPARTMENT and WILLIAM L.
WAGNER,
Defendants.
Plaintiff, by and through her attorney, Donald Glenn Peterson, for her Complaint against
the Defendants, states as follows:
GENERAL ALLEGATIONS
1. Plaintiff TERM ALLEN was and is a resident of Jefferson County, residing at
14667 West Ellsworth, Golden, Colorado 80401.
2. Defendant WELD COUNTY - COLORADO was and is an established county
within the state of Colorado, acting by and through Defendant Weld County Board of
Commissioners, and on August 30, 1997, Weld County - Colorado was the owner of a 1996
Chevrolet Caprice four door,VIN# 1 G1 BL52P6TR115136,bearing Colorado License Plate 393A34
(hereinafter the "patrol car").
3. Defendant WELD COUNTY SHERIFF'S DEPARTMENT, on information and
belief, was and is a division of Colorado Department of Public Safety, a Department of the State of
Colorado. It's legal residence is in Greeley (County of Weld), Colorado.
4. Defendant WILLIAM L. WAGNER was and is at all times material hereto an
employee of the Weld County Sheriff's Department, acting within the course and scope of his
employment.
5. Notice of the claims herein was provided in compliance with C.R.S. § 24-10-109.
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6. On August 30, 1997, Ms. Allen, who was 71 years old, was riding her bicycle on a
training exercise with a companion, on the I-25 frontage road(southbound) approximately .26 miles
north of milepost 236 in Weld County, Colorado, at 7178 I-25 Frontage Road, also known as
Colorado 25 E. Service Road.
7. On August 30, 1997, at approximately 9:35 a.m., Defendant Wagner, operated the
patrol car in the course and scope of his employment with Weld County, so as to cause a collision
between Ms. Allen on her bicycle and the patrol car, as Defendant Wagner attempted to pass her.
8. As a direct and approximate result of the acts and omissions of the Defendants, Ms.
Allen suffered economic and non-economic damages, severe and disabling injuries, some of which
are permanent, and which include, but are not limited to a loss of consciousness, concussion,
subdural hematoma, numerous broken bones in her left leg and ankle, fracture of her rib, broken
neck, double vision, a severe laceration and significant contusion of her eye and left thigh and calf.
The thigh injury was a multiple segmented laceration over the posterior surface of the knee,
requiring surgical repair, leaving a significant scar and disfigurement. Ms. Allen has suffered a
complete loss of feeling in that area of her leg. Ms. Allen also continues to suffer from chronic
episodes of dizziness, which may be permanent. Ms. Allen has suffered emotional distress, anxiety,
sleeplessness, psychological overlay, pain and suffering.
FIRST CLAIM FOR RELIEF
(Negligence)
9. Plaintiff incorporates by reference the General Allegations as if fully set forth herein.
10. Defendants failed to exercise reasonable duties of due care to Terri Allen, including,
without limitation, the following:
a. Failure to use caution when attempting to overtake and drive around a
bicyclist;
b. Failure to pass a moving bicyclist with sufficient leeway so as to preclude a
collision;
c. Failure to avoid a moving bicyclist by following too closely and/or by careless
driving;
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d. Failure to follow prescribed procedures and regulations, including without
limitation failure to be on the lookout for bicyclists and anticipate sudden and unexpected moves
from them under the "share the road" policy to promote safe highways in Colorado, and as directed
in the Colorado Driver Handbook.
11. As a direct and proximate result of said negligence and carelessness of the
Defendants, and each of them, Ms. Allen has sustained injuries and damages in an amount to be
determined and proven at the time of trial.
SECOND CLAIM FOR RELIEF
(Negligence Per Se)
12. Plaintiff incorporates by reference the General Allegations and the First Claim for
Relief as if fully set forth herein.
13. Defendants were negligent per se for violating the statutes designed to protect persons
situated similarly to Terri Allen, including without limitation, the following:
a. C.R.S. § 42-4-1001;
b. C.R.S. § 42-4-1003;
c. C.R.S. § 42-4-1005;
d. C.R.S. § 42-4-1008; and
e. C.R.S. § 42-4-1402.
14. As a direct and proximate result of Defendants' negligence per se, Terri Allen, has
sustained injuries and damages in an amount to be determined and proven at the time of trial.
WHEREFORE, Plaintiff Terri Allen requests this Court to enter judgment in her favor, and
against the Defendants,jointly and severally, as follows:
A. For actual damages incurred by Terri Allen in an amount to be determined at the time
of trial.
B. For additional, consequential, and special damages incurred by Terri Allen in an
amount to be determined at the time of trial.
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C. For an award to Terri Allen for the costs incurred and to be incurred in connection
with this action, including expert witness fees and reasonable attorney's fees as may be authorized
by appropriate statute and law, including C.R.S. § 13-7-101, et. seq.
D. For a further award to Terri Allen of interest from August 30, 1997, the date her
claims accrued, at the statutory rate, including as provided C.R.S. § 13-21-101(1), et. seq., or by
other applicable statute or law; and
E. For a further award to Terri Allen of such other and additional relief as the Court
deems just and proper under the circumstances.
Dated: this 28th day of August, 1998.
Respectfully submitted,
Donald Glenn Peterson, #7423
4242 East Amherst Avenue
Denver, Colorado 80222-6702
(303) 758-0999
Attorney for Plaintiff
Treacel E. Allen
Plaintiffs Address:
14667 West Ellsworth
Golden, Colorado 80401
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DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No . `- 1 ` c i t. L Jl, u Courtroom/Division
SUMMONS
TREACEL E . ALLEN, also known as TERRI ALLEN,
Plaintiff,
vs .
WELD COUNTY - COLORADO, acting by and through THE WELD COUNTY BOARD
OF COMMISSIONERS, WELD COUNTY SHERIFF' S DEPARTMENT and WILLIAM L.
WAGNER,
Defendant (s) .
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE-NAMED DEFENDANT(s) :
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 .
The following documents are also served with this summons :
Complaint .
DATED: August 28, 1998
Respectfully
submitted,
ath-L
Donald Glenn Peterson, #7423
4242 East Amherst Avenue
Denver, Colorado 80222-6702
(303) 758-0999
Attorney for Plaintiff
THIS SUMMONS IS ISSUED PURSUANT TO RULE 4 , C.R.C .P. , AS AMENDED .
A COPY OF THE COMPLAINT MUST BE SERVED WITH THIS SUMMONS .
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