Cynthia Cunningham v. Jeffrey Treistman
Published: Jun. 21, 2001 | Result Date: Mar. 16, 2001 | Filing Date: Jan. 1, 1900 |Case number: 98CV8242 Verdict – $8,235
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brent Lockwood
(medical)
Kevin Riley
(medical)
John Lynn Smith
(technical)
Timothy Fullager
(medical)
Defendant
Tim Gor
(medical)
Jubal Hamernik
(technical)
Donald Ward
(medical)
Facts
The plaintiff was in three auto accidents: Oct. 26, 1995; Jan. 16, 1996, and Dec. 26, 1996; she alleged that she
was injured in each of those collisions and sued four defendants. Her husband, Jack Cunningham, had a loss of
consortium claim against each defendant. Before trial, the plaintiffs settled with one defendant, who was the
driver involved in the Dec. 26, 1996 accident. In the Jan. 16, 1996 accident the driver was uninsured; the UM
claim was decided for the plaintiffs at arbitration.
First accident - Oct. 26, 1995: The details of this accident were in dispute so the details were based on the
statements of four eyewitnesses and accident reconstruction. At approximately 3:30 p.m., the plaintiff was
driving on Wadsworth Boulevard passed the intersection with Crestline in Littleton. She stopped her vehicle in
traffic behind a vehicle driven by Tom Schultz. Her vehicle was then rear-ended by a vehicle driven by Jeffrey
Treistman, which plowed her vehicle into the rear of SchultzÆs vehicle.
The speed of TreistmanÆs vehicle was approximately 20 - 35 mph at impact. Schultz lost
consciousness at the accident scene and had no memory of the event.
Settlement Discussions
There was a $37,500 final demand before trial and a $7,500 statutory offer of settlement on Jan. 10, 2000, followed by a $10,000 statutory offer of settlement on Dec. 13, 2000.
Specials in Evidence
$1,200 to $1,500 per year after apportionment.
Injuries
The plaintiff suffered neck injury resulting in a two-level fusion at C4-6 and C5-6 (following the plaintiffÆs second auto accident). The plaintiffÆs physician testified that the apportionment was 45 percent to the first accident and 45 percent to the second accident and 10 percent to the third accident. The plaintiff also suffered permanent impairment, pain and suffering.
Other Information
Over objection of the plaintiffÆs counsel, the jury was instructed that the plaintiffs were awarded approximately $68,000 in a UM arbitration.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390