Kevin Lichtenegger v. William Kay Malone
Published: Aug. 2, 2001 | Result Date: Mar. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: 99CV762 – $0
Judge
Court
Arapahoe District
Attorneys
Plaintiff
Defendant
Facts
On March 18, 1999, Lichtenegger alleged that he was injured in a three-vehicle accident during rush hour. The plaintiff was driving a van owned by his employer and the accident occurred during the course and scope of employment. The three vehicles were northbound on I-25 approaching Arapahoe Road. The defendant, Malone, rear-ended the LichteneggerÆs van forcing the van into the rear of a third vehicle. The third vehicle left the scene without contacting the plaintiff or defendant. Malone also left the scene of the accident and continued to travel north on I-25. The plaintiff called the Greenwood Village Police Department, reported a hit-and-run accident and provided the license plate number of the defendantÆs vehicle. Before trial, the plaintiff filed a motion for partial summary judgment on the issue of negligence, and then the defendant filed a motion confessing negligence. The plaintiff also filed a motion for partial summary judgment on the issue of threshold. The court initially granted the motion, then reversed its ruling pursuant to defendantÆs motion for reconsideration of the Order entering threshold against the plaintiff as a matter of law.
Settlement Discussions
There was a final demand of $25,000 on Feb. 7, 2001. According to the defendantÆs attorney, the plaintiff had initially demanded policy limits of $100,000 and then $250,000 following a settlement conference on Nov. 10, 1999. There was a $1,500 statutory offer of settlement on Feb. 16, 2000, preceded by a $1,000 statutory offer of settlement on March 25, 1999.
Injuries
The plaintiff alleged permanent soft tissue injury to the left side of the neck and to the left shoulder. Future loss of earning capacity and loss of ability to participate in activities he enjoyed before the accident. The plaintiff had pre-existing injuries from a prior accident and an assault that defendant claimed were the cause of the injury. The parties stipulated that the plaintiff incurred medical bills of $7,148,71 following the accident.
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