HomeMy WebLinkAbout961445.tiff rte, DCr' :
NOTICE OF CLAIM PURSUANT TO C.R. S. 24-10-109 ,
AGAINST THE CITY OF EVANS '''_ 0' 1
1 . Claimant name and address:
TO Ti E, • ; _.
a. The name of the Claimant hereunder is Mary Waters.
b. Claimant's address is 2626 1st Street, #289 ,
Greeley, Colorado 80631.
c. Attorney's name and address is: Sherry L. Rawlings,
1122 Ninth Street, Suite 203 , Greeley, Colorado 80631.
2 . Nature of claim (date, time, place, factual basis of
claim, circumstances) :
a. On the 16th day of May, 1996 the Claimant was
exiting Schwartz's Krautburger Kitchen, located at 820 39th Street,
Evans, Colorado 80620.
b. The sidewalk in front of the establishment was
raised off the surrounding ground to the north by approximately two
inches.
c. Claimant stumbled on the raised sidewalk and caught
her balance before falling into the man hole cover in front of her.
In avoiding this man hole cover, Claimant was unable to avoid
stumbling on the adjacent man hole cover to her right.
d. Claimant tried to stop her fall with her left arm.
As a result of the fall, Claimant received a compound fracture in
her left forearm.
3 . Public employees involved: unknown members of the City
of Evans.
The address of the City of Evans is 3700 Golden, Evans,
Colorado 80620. The Claimant knows of no other city department
responsible, or address for these employees, except as stated.
4 . Nature and extent of injuries claimed by Claimant are as
follows:
a. Claimant received a compound fracture in her left
forearm. Claimant is currently being treated by Dr. Heare of the
Greeley Orthopedic Associates. Claimant is in extreme daily pain
and has great difficulty sleeping at night. Claimant's pain was
initially exacerbated during her visits to Dr. Heare, at which time
he adjusted the screws which held her bones during the healing
process.
b. Claimant was forced to wear a WristJack. This
device rests outside the body, but screws are visible through the
skin, into the interior of her arm. This device greatly restricts
961445
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b. Claimant was forced to wear a WristJack. This
device rests outside the body, but screws are visible through the
skin, into the interior of her arm. This device greatly restricts
Claimant's motion. The device is also heavy and is a burden for
Claimant to manage. While wearing the WristJack and when in public
Claimant was in fear that someone would bump her arm and cause her
severe pain. In addition, when in public Claimant was the source
of stares and revulsion. As a result of having to wear this
device, Claimant has suffered extreme emotional and psychological
distress.
c. Claimant lives alone and is unable to dress herself
as she used to, or to comfortably perform personal and living tasks
on a daily basis. Claimant is unable to use her left arm in any
manner, and is restricted in all activity to the use of her right
arm.
d. Claimant does not have health insurance and is
unable to pay the medical bills that have started to accrue. As of
this date, Claimant's medical bills are in excess of $7600 . 00 .
This inability to pay for necessary medical treatment has caused
Claimant extreme financial, emotional and psychological insecurity
and distress.
e. Prior to the accident Claimant had cared for her
elderly/ill parents. As a result of the accident, Claimant is no
longer able to attend to their care as in the past. This inability
to attend to their care has caused Claimant extreme emotional and
psychological distress.
f. Claimant was also seeking work at the time of the
accident and has since been told it will be at least September,
1996 before she will be able to be gainfully employed again.
5. Claimant's amount of damages:
a. medical bills to date: in excess of $7600 . 00.
Claimant anticipates substantial medical bills in the future.
b. emotional and psychological distress in an amount to
be determined at trial.
This claim is submitted pursuant to the terms of C.R. S. 24-10-
109, as a claim against the City of Evans.
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DATED AND SIGNED THIS : DAY OF JULY, 1996.
Sher G ' L. Rawlings 22666
1122 Ninth Street, Suite 203
Greeley, CO 80631
(970) 352-4776
ATTORNEY FOR CLAIMANT
CERTIFICATE OF MAILING
fi!
The undersigned does hereby certify that on the day of
' t* , 1996, a true and correct coy of the foregoing NOTICE OF
CLAIM PURSUANT TO C.R. S. 24-10-109 , AGAINST THE CITY OF EVANS, was
placed in the United States registered mail, first class postage
prepaid and addressed to the following:
Russ Anson
City Attorney for the City of Evans
3700 Golden Street
Evans, CO 80620
City of Evans
Sewer Department
Public Works
3700 Golden Street
Evans, CO 80620
Bruce Barker
County Attorney for the County of Weld
915 Tenth Street
Greeley, CO 80631
Weld County Board of Commissioners
915 Tenth Street
Greeley, CO 80631
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