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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Robert Schultz v. Steven Rodelli and Flatirons Roofing

Published: Apr. 18, 1998 | Result Date: Nov. 12, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 96CV1446 –  $0

Judge

Richard C. MacLean

Richard C. MacLean

Court

Boulder District


Attorneys

Plaintiff

Barre M. Sakol

Barre M. Sakol


Defendant

Matthew J. Hogsett

Matthew J. Hogsett


Experts

Plaintiff

Timothy J. Birney
(medical)

Timothy J. Birney
(medical)

Defendant

Harry S. Boyd
(medical)

Harry S. Boyd
(medical)

Facts

On Dec. 12, 1994, plaintiff Robert Schultz, a 39-year-old man, was driving south on 28th Street, making a right turn onto westbound Pearl Street, when he stopped to check for oncoming traffic. The defendant Steven Rodelli, who was within the course and scope of his employment with defendant Flatirons Roofing, was behind the plaintiff and also starting to make a right turn. The vehicle that defendant Rodelli was driving collided with the rear of the plaintiff's vehicle. The plaintiff claimed that the accident aggravated his pre-existing degenerative low back condition. The defendants denied that the plaintiff's injuries resulted from the accident. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $50,000. The defendant made an offer of $1,000.

Specials in Evidence

$28,000 $7,000 $________ $________

Injuries

The plaintiff claimed disc herniation at L5-S1 resulting in lumbar discectomy, neck and shoulder pain, and aggravation of a pre-existing degenerative condition.

Other Information

The verdict was reached approximately one year after the case was filed. The court found that the defendant driver was negligent, but the defendant's negligence did not cause the plaintiff's injuries.

Poll

_____ - _____ (Nos. Pls.)

Length

two days


#114046

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