This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Auto v. Auto
Sideswipe Collision

Antonio Domenech, Cindy Domenech v. Crystal Rose Martinez

Published: Sep. 13, 2001 | Result Date: Feb. 13, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 98CV370 –  $0

Judge

James H. Frasher Jr.

Court

Pueblo District


Attorneys

Plaintiff

Charles Dale Esquibel


Defendant

Lynn I. Landis

Miles M. Dewhirst

Gary R. Cowan


Experts

Plaintiff

Rebourn Cox
(technical)

Howard Klemmer
(technical)

Defendant

Ronald Henson
(technical)

Facts

On Oct. 5, 1997, Antonio Domenech departed from the Green Horn Inn bar on his motorcycle en route to Rye, Colorado. He drove on highway 165 and alleged that a vehicle driven by defendant, Ronald Velasquez, sideswiped him. Domenech rode 22 miles further before pulling over. Velasquez drove on and did not stop. Linda Galassini owned the automobile, but her daughter Crystal Rose Martinez borrowed the car without permission. Martinez then requested Velasquez to drive the vehicle. Following the collision, Velasquez drove the car to a friend's home where another individual cleaned the vehicle of blood and debris from the collision and changed the tire. The Court directed verdicts in favor of the defendants, Galassini and Martinez on negligence claims; however, a negligent access claim against Galassini went to the jury as well as a joint venture claim asserted against Martinez.

Settlement Discussions

There was a policy limit demand early in case of $100,000. Prior to trial the demand was reduced to $75,000. There was a $25,000 joint statutory offer made and then just prior to trial a $35,000 joint statutory offer was made according to the defense attorney.

Injuries

Domenech suffered an amputation below the knee. Permanent physical impairment. He was an independent contractor and worked as a lineman prior to the accident. He had $12,000 in unpaid medical expenses.


#114096

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390