July

On July 23, 2018, Kevin G. Ripplinger and Brian D. Kennedy tried the case of Julie Weber v. Keyan Pesaran, Nahid Pesaran, and Ahmad Pesaran in Boulder County District Court in front of the Honorable Thomas F. Mulvahill.

PLAINTIFF’S ATTORNEYS:
Alan C. Shafner
Allie D. Shafner
Law Office of Alan C. Shafner, P.C.
5350 South Roslyn Street, Ste. 460
Greenwood Village, CO 80111

Sean T. Olson
Olson Law Firm, L.L.C.
2701 Lawrence Street, Suite 117
Denver, CO 80205

DEFENSE ATTORNEYS:

Kevin G. Ripplinger, Esq.
Brian D. Kennedy, Esq.
Frank Patterson & Associates, P.C.
5613 DTC Parkway, Suite 400
Greenwood Village, CO 80111

Andrew A. Scott, Esq.
White and Steele, P.C.
Dominion Towers, North Tower
600 17th Street, Suite 600N
Denver, CO 80202-5406

TYPE OF CLAIMS: Wrongful Death (Negligence) claim against Defendant Keyan Pesaran, Family Car Doctrine claim against Defendants Nahid Pesaran and Ahmad Pesaran.

DATE, TIME AND PLACE OF ACCIDENT OR OCCURRENCE: December 6, 2015, near mile marker 123 on Colorado Highway 40 in Routt County, Colorado.

DESCRIPTION OF CASE: Plaintiff’s daughter, Nicole Weber, Keyan Pesaran and a mutual friend, Shannon Cook, were returning to Boulder from Steamboat, Colorado.  Nicole Weber was a passenger in a Jeep Grand Cherokee being driven by Keyan Pesaran.  The previous night (and early morning), Nicole Weber, Shannon Cook and Keyan Pesaran had attended a party.  Keyan Pesaran used drugs and alcohol during or after the party.  The morning after the party, Keyan Pesaran also took Adderall or Vyvanse.  During the drive back to Boulder, Keyan Pesaran fell asleep or lost consciousness, and the Jeep left the road, rolling several times.  Keyan Pesaran and Shannon Cook were injured in the accident, and Nicole Weber was killed.

Nahid and Ahmad Pesaran are Keyan Pesaran’s parents.  They purchased the Jeep for Keyan Pesaran several years before the accident.  Nahid Pesaran was the registered owner of the Jeep, and Nahid and Ahmad Pesaran covered most of Keyan Pesaran’s expenses.  Keyan Pesaran was a college student at the time of the collision and had an apartment separate from his parents’ home.

Plaintiff asserted a wrongful death claim against Keyan Pesaran and a family car claim against Nahid and Ahmad Pesaran.

INJURIES AND/OR DAMAGES ALLEGED: Plaintiffs adult daughter, Nicole Weber, was killed in a car accident.  Plaintiff claimed emotional distress, suffering, inconvenience and loss of quality of life as the result of the death of her daughter.

FINAL DEMAND BEFORE TRIAL: $930,000

FINAL OFFER BEFORE TRIAL: $300,000 from all defendants jointly.

PLAINTIFF’S EXPERT WITNESSES:  Daniel Anderson, Colorado Bureau of Investigation Forensic Services Division, as to blood test results concerning Keyan Pesaran.  Ken Kulig, M.D., toxicologist, as to effects of substances consumed by Keyan Pesaran.

DEFENDANT’S EXPERT WITNESSES: None.

VERDICT: For the plaintiff and against Defendant Pesaran on the Wrongful Death (negligence) claim.  The jury determined that Plaintiff’s damages were $1,500,000.  For Defendants Nahid Pesaran and Ahmad Pesaran and against the plaintiff on the Family Car claim.

OTHER COMMENTS: Plaintiff petitioned the court for a determination that the death of Nicole Weber constitutes a felonious killing and the court granted that motion.

April

On April 30, 2018, Brian D. Kennedy tried and won case number 2017CV30697 in front of the Honorable Martin F. Egelhoff, in a three day (although scheduled for four) jury trial in Denver District Court.

Plaintiff alleged that Defendant attacked him without warning or provocation while he was walking down Larimer Street near a nightclub called the Retro Room, punching Plaintiff in the back of the head and tackling him.  Defendant denied Plaintiff’s allegations and claimed that Plaintiff came up behind Defendant’s wife and groped her buttocks.  When Defendant approached Plaintiff and began speaking to him about the incident, Defendant alleged that Plaintiff charged him and that, in the ensuing scuffle, Plaintiff fell to the ground, injuring himself.

PLAINTIFF’S ATTORNEY: Michael L. Glaser, Law Office of Michael L. Glaser, LLC

TYPE OF CLAIMS: Assault, Battery, and Outrageous Conduct.

DIRECTED VERDICTS: The Court directed verdicts in favor of the Defendant on Plaintiff’s claim of assault and on all of Plaintiff’s claims for economic damages.

INJURIES AND/OR DAMAGES ALLEGED: Facial bruising, abrasions and laceration, corneal abrasion, concussion, post-concussive syndrome, depression, anxiety, PTSD, headaches, tinnitus, panic attacks, and ED.  Plaintiff also claimed to have wage loss from missed work as well as diminished earning capacity because of his inability to continue a career in the Air force.

SPECIALS: $24,000 in medical expenses, $1,700 in past wage loss and an estimated $750,000 in future income loss.

FINAL DEMAND BEFORE TRIAL: $395,000
FINAL OFFER BEFORE TRIAL: Statutory offer of $65,000.01

PLAINTIFF’S EXPERT WITNESSES:  Laur M. Birlea, M.D.
DEFENDANT’S EXPERT WITNESSES: None.

VERDICT: For the defendant on the Plaintiff’s claims of battery and outrageous conduct.

OTHER COMMENTS: The Court excluded evidence of diagnoseable mental health conditions and treatment, as well as evidence of diminished earning capacity as a sanction for discovery violations.  The Court also limited the testimony of Plaintiff’s physicians based upon inadequate disclosures.  Defendant is seeking costs, as well as an award of attorney’s fees for discovery violations.

October

In Court of Appeals news, Frank Patterson and Brian Kennedy had a recent victory after briefing and presenting oral arguments before the Colorado Court of Appeals in the case of State Farm Mutual Automobile Insurance Company v. Mabel Garcia, 15CA1771.  In an opinion issued on October 27, 2016, the Colorado Court of Appeals affirmed the trial court’s ruling on State Farm’s summary judgment motion that a second household automobile policy covering a vehicle that was not involved in the accident did not provide additional liability coverage (See below for an excerpt of the court’s recitation of the background of the case).

On October 18, 2016, Mr. Patterson presented oral arguments in this case before the Colorado Court of Appeals at Fairview High School.  This case and its attorneys were selected for this special session of the Court of Appeals as part of the Judicial Branch’s Courts in the Community program. Counsel presented arguments in front of a large audience of students and community members and answered questions from the audience following their arguments.

Background

This case involves the interpretation of an auto liability policy. In 2012, Garcia was injured in a collision with State Farm’s insured, Susan Leavitt. Garcia sued Leavitt, seeking compensation for her injuries sustained in the accident. On the date of the accident, Leavitt was insured by two separate State Farm automobile insurance policies. Policy 1 insured Leavitt’s Volvo XC70 for liability up to $100,000. Policy 2 insured a Ford Explorer owned by Leavitt and her husband for liability up to $500,000. At the time of the accident, Leavitt was driving her Volvo XC70. Garcia asserts that Policy 2 provides coverage for the collision between Leavitt’s Volvo and Garcia. State Farm disagrees. . . . The district court entered summary judgment for State Farm, concluding that Policy 2 does not provide coverage for the collision because Leavitt is not an “insured” within the terms of the policy definition.

State Farm Mut. Auto. Ins. Co. v. Garcia, 15CA1771, slip op. at 1-2 (Colo. App. Oct. 27, 2016).