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.