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Volume 30 Number 46, November 26, 2012

DENVER DISTRICT COURT
Daniell Goff v. Anderson Hemmat & Levine
Case No:
11-CV-3953
Judge: Edward Bronfin
Trial Dates: August 20 – 27, 2012
Plaintiff’s Attorney: Patric LeHouillier (LeHouillier & Associates), Colorado Springs
Defendants’ Attorneys: Cecelia Fleischner and Daniel McIntire (McConnell Fleischner Houghtaling, LLC)

Type of Claim: Legal malpractice and punitive damages.
Daniell Goff hired Anderson Hemmat & Levine, a Denver law firm, to represent her after she and her husband were injured in an automobile accident.  Anderson Hemmat & Levine (AHL) filed a lawsuit against the other driver in the underlying personal injury lawsuit and the plaintiff claimed that AHL pressured her to accept an unreasonably low settlement at a settlement conference. The defendants denied negligence and denied that they fraudulently concealed any information from the plaintiff that was material to her decision to accept the settlement. The defendants denied that Daniell Goff should have obtained a more favorable outcome than she received in the underlying case and denied that their conduct caused the plaintiff any damages.

Damages Alleged: In excess of $1 million for the value of the underlying lawsuit plus punitive damages of $3 million.

Final Demand Before Trial: $500,000 statutory offer of settlement (the demand was made twice) according to the plaintiff’s attorney.

Final Offer Before Trial: $158,000 according to the plaintiff’s attorney.

Plaintiff’s Expert Witnesses:
Ed Farry, Esq., Colorado Springs
Charles Welton, Esq.
Timothy Hall, MD (physician, retained expert), Colorado Springs
Lawrence Varner, MD (plaintiff’s treating orthopedic surgeon, regarding her injuries), Colorado Springs
Dr. Faulk, (treating orthopedic surgeon)
David Zierk (vocational and rehabiliation specialist)
Jerome Darnell (economist), California (formerly of Denver)

Defendant’s Expert Witnesses: Not available.

Verdict: For the plaintiff:
$250,000 for non-economic losses
$416,000 for economic losses
$100,000 for physical impairment or disfigurement
Total actual damages: $674,000 ($766,000 minus $92,000 for the settlement in the underlying case)
$1,500,000 punitive damages.
Total: $2,174,000.

Note: Post-trial motions are pending.

Reprinted with permission of Jury Verdict Reporter of Colorado (www.jvrc.com)

Volume 31 Number 1, January 7, 2013

Katrina Dorow v. Anaka Norfleet
Case No:
10-CV-8089
Judge: Ann Frick
Trial Dates: November 5 – 8, 2012
Plaintiff’s Attorney: Patric J. LeHoullier and Benjamin Gifford (LeHouillier & Associates), Colorado Springs
Defendant’s Attorney: Matthew J. Hogsett (Stuart Jorgensen & Associates)

Type of Claim: Personal injury – automobile collision.
Admitted liability.
This two-vehicle collision occurred May 14, 2008, in Denver. The defendant was turning left through a gap in traffic onto 13th Avenue when she collided with the plaintiff who was traveling on Colorado Boulevard. Vehicle damage was moderate. The defendant admitted fault at the scene. The plaintiff claimed a blow to her head in the accident and postaccident residuals of a closed head injury including nausea, vomiting, headaches, memory loss, speech disruption and emotional changes. Medical documentation for 15 months following the accident did not record the various post-concussive symptoms with the exception of headaches. The plaintiff, who was 30 at the time of the accident, continued to work at the University of Colorado accounting office for a year and a half after the accident. The defendant disputed that the accident caused the extent and permanency of the plaintiff’s claimed injuries and damages.

Injuries Alleged: Closed head injury. Myofascial neck, upper back and shoulder complaints, and cognitive impairments of information  processing, attention and memory. The plaintiff’s neuropsychologist claimed the plaintiff would be unable to return to full-time employment requiring information processing for the remainder of the plaintiff’s life.

Final Demand Before Trial: $100,000 offer of settlement.
Final Offer Before Trial: $20,500 offer of settlement.
Plaintiff’s Expert Witnesses:
Timothy Hall, MD (physiatrist), Colorado Springs
Gary Wood, DC (chiropractor)
Michael Saxerud, OD (optometrist)
Dennis Helffenstein, PhD (neuropsychologist)

Defendant’s Expert Witnesses:
Gregory Thwaites, PhD (neuropsychologist), Greeley
Victoria Pelak, MD (neuro-ophthalmologist)

Verdict: For the plaintiff:
$100,000 for non-economic losses
$15,000 for economic losses
$81,200 for permanent impairment
Total damages: $196,200 plus statutory interest from the date of the accident, May 14, 2008.

Reprinted with permission of Jury Verdict Reporter of Colorado (www.jvrc.com)