Randy A. Scott; Ann C. Scott; Continental Insurance Company v. Matlack, Inc.; Conoco, Inc.
Published: Jan. 31, 1998 | Result Date: May 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 94CV6546 Verdict – $2,102,050
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Arthur L. Atkinson
(technical)
Christopher S. Wilson
(medical)
Randall Buzan
(medical)
Sheldon Goldberg
(medical)
Lis Jui
(medical)
Robert Faulkner
(technical)
Kirsten Bracht
(medical)
Patricia Pacey
(technical)
Doris Gunderson
(medical)
Helen Woodard
(medical)
Defendant
Gregory Taylor
(technical)
James H. Yeager Jr.
(technical)
Lawrence A. Botkin
(technical)
Facts
Plaintiffs, Randy and Ann Scott, husband and wife, owned A&R Trucking. A&R Trucking leased its truck and plaintiff husband's driving services to defendant Matlack Inc., a motor carrier involved in the transportation of hazardous materials, hot asphalt and other bulk commodities. Under the terms of the Leased Operator Agreement, A&R Trucking was an independent contractor of Matlack. Matlack provided the tanker/trailers used by plaintiff husband to transport commodities and was responsible for the maintenance and repair of the tanker/trailers. On June 16, 1993, plaintiff husband drove his truck to the Conoco Denver Refinery Asphalt Unit to load a Matlack tanker with hot asphalt. At the Conoco loading rack, while attempting to open the dome lid on a Matlack asphalt trailer in preparation for loading, plaintiff husband fell to the ground, sustaining severe injuries. The plaintiffs brought this action against the defendants Matlack and Conoco based on negligence, negligence per se and premises liability theories of recovery.
Settlement Discussions
Plaintiffs demanded $1.9 million from defendant Matlack, and $1.5 million from defendant Conoco. Neither defendant responded with a settlement offer.
Injuries
Plaintiff sustained a skull fracture, closed-head injuries resulting in permanent cognitive deficits, compound fracture of the left ankle requiring ankle fusion, fracture of the right wrist requiring fusion and fracture of the left wrist. Plaintiff also sustained physical disfigurement and impairment. Plaintiff wife claimed damages for loss of consortium.
Other Information
The verdict was reached approximately two years and four months after the case filed. A settlement conference was held on June 26, 1996, before retired judge William Neighbors of the Judicial Arbiter Group resulting in no settlement. Both defendants have appealed.
Deliberation
two days
Length
two weeks
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