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Personal Injury
Common Carrier
Negligence

Gregory D. McDonell v. Andy Frain Services, Inc. and Andy Frain Aviation Service, Inc.

Published: Jan. 3, 1998 | Result Date: Sep. 25, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 94B2776 Verdict –  $0

Judge

Lewis T. Babcock

Court

USDC Colorado


Attorneys

Plaintiff

Brian Dobie

Mary Ewing


Defendant

Franklin A. Nachman


Experts

Plaintiff

David Waldram
(medical)

Nelson Crick
(technical)

Rodney Wigle
(medical)

Defendant

Jeffrey Sabin
(medical)

Facts

On Jan. 28, 1991, plaintiff Gregory McDonell, a 44-year-old salesman, was at Stapleton Airport in Denver for a flight home to Oregon. He had suffered a knee injury while skiing the day before and was in a wheelchair. An employee of defendant Andy Frain Services Inc. was pushing plaintiff's chair down the jetway. The facts are disputed, but, at some point, plaintiff fell out of the wheechair and was allegedly injured. The plaintiff brought this action against defendant based on negligence and common carrier theories of recovery.

Settlement Discussions

The plaintiff's last demand was $175,000, plus waiver of the workers' compensation lien. The defendant's last offer was $45,000.

Specials in Evidence

$690,000 $15,000

Injuries

The plaintiff allegedly suffered shoulder separation, torn anterior cruciate ligament and torn right knee medial meniscus.

Other Information

The verdict was reached approximately two years and nine months after the case was filed.

Deliberation

2½ hours

Poll

7-0

Length

four days


#87250

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