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Personal Injury (Vehicular)
Auto v. Auto
Failure to Yield

Donna Graklanoff v. Judith Ostrander

Published: Oct. 4, 2001 | Result Date: Apr. 26, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 99CV8297 –  $33,250

Judge

John N. McMullen

Court

Denver District


Attorneys

Plaintiff

Michael G. Sawaya


Defendant

Anthony R. Clapp


Facts

On Jan. 3, 1997, the plaintiff was in a car crash at the intersection of West Virginia and South Vance in Lakewood. The plaintiff alleged that she was injured in the accident. She claimed that the defendant did not yield to the right of way and collided with her vehicle. The defendant contended that the plaintiff had not incurred reasonable and necessary medical expenses in excess of $2,500 as a result of the collision. The defendant also alleged that in September 1998, the plaintiff was in another collision, which involved an RTD bus. The defendant alleged that the RTD collision caused or aggravated the plaintiffÆs injuries. The plaintiff alleged comparative negligence of the plaintiff in the January collision and that the plaintiff failed to mitigate her damages.

Settlement Discussions

There was a $20,000 demand during the trial and a $5,000 offer of settlement.

Injuries

The plaintiff alleged soft tissue injuries to the neck and shoulder sprain and strain, lumbar disc problem and possible S1 joint dysfunction. The pip carrier paid medical bills of approximately $34,000. Economic losses, including future chiropractic and physical therapy treatment of approximately $69,000.

Other Information

RTD settled with the plaintiff prior to trial. The defendant named RTD as a non-party.


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