Agha Khan v. John H. Klotz, Jr. and Alamo Rent-A-Car
Published: Apr. 20, 1996 | Result Date: Mar. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: 95CV2526 – $169,000
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bruce Greenstein
(medical)
Eric Stahl
(medical)
James Evenson
(technical)
Jan Buckstein
(medical)
Defendant
Gregory Taylor
(technical)
Facts
On February 11, 1994, the plaintiff, Agha Khan, a 42-year-old parking lot supervisor, was traveling southbound along Syracuse Street. The defendant, Alamo Rent-A-Car ("Alamo"), parked two large buses along the curbline from the corner of Syracuse Street to the driveway. (The length of the straight of the street to the driveway was 80 feet. An Alamo representative testified that the buses were 31 feet to 35 feet by 8 feet and 10 inches). The defendant driver (settled) operated his vehicle out of the driveway (south of the buses) and struck the plaintiff's vehicle. Alamo moved the buses before the police arrived. The plaintiff alleged that the defendant, Alamo, was negligent in parking its buses to block the view of traffic traveling on Syracuse Street and exiting the driveway and negligent per se in parking the buses within five feet of the driveway. The plaintiff brought this action against the defendants, Alamo and the driver, based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $35,000 which expired per the defendant. The defendants made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
(not in evidence) $19,678 $150,017 (not in evidence)
Injuries
The plaintiff alleged that he sustained a torn rotator cuff requiring rotator cuff surgery, four lost teeth requiring periodontic surgery and an acromiun joint injury requiring a possible arthroscopic debridement surgery on April 25, 1996, as a result of the accident.
Other Information
The verdict was reached approximately nine months after the case was filed. POST TRIAL MOTIONS: The defendant Alamo intends to file an appeal. The plaintiff filed a motion for costs on March 29, 1996.
Deliberation
4+ hours
Poll
(not provided)
Length
2+ days
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