Clifford, et al. v. Blea, et al.

     Case #2005CV1415

     Judge:  Paul A. King

     Court:  Arapahoe District Court

     Plaintiffs’ Attorneys:    Larry D. Lee of the law firm of Larry D. Lee, P.C. and Robert Reimann of the law firm of James Freemeyer, P.C.

     Defendants’ Attorneys:    Brett Huff of the law firm of White & Steele, P.C.

     Type of Claim:  Fatal semi-tractor trailer/passenger vehicle collision.  On March 13, 2004, in Parker, Colorado, Nicole Clifford, then aged 17, was driving the family vehicle in which her brother, Brian, then aged 15, was a passenger.  (And Brian was sitting in the front passenger seat.)  They were driving from the family home to the local library to return a book on the scholastic aptitude test (SAT).  Brian was a high school student at the time of this collision, as was his sister, Nicole.  Nicole turned left in front of the oncoming tractor trailer rig.  The rig struck the Clifford vehicle at the passenger side front door, killing Brian and severely injuring Nicole.  The collision occurred due to the rig’s excessive speed, failure to “cover,” inattention, and lack of proper lookout, and failure to take evasive action.  The black box data showed that the rig’s driver was depressing the gas pedal and accelerating into a yellow light (probably to “beat” the light).

     Damages:  Brian Clifford died as a result of a laceration-transection of the aorta and the lungs in the collision.  The cause of death was exsanguinations secondary to the injury to the aorta and lungs.  The aorta injury was a function of a direct impact at the location of the passenger. 

     Plaintiffs’ Expert Witnesses:  Carl Finnacaro, P.E. (Ponderosa Associates) on accident reconstruction; Ben Galloway, M.D., forensic pathologist (Douglas County Coroner’s Office)

     Defendants’ Expert Witnesses:  Settled before Disclosures due.

     Settlement:  This case settled for a confidential sum.


Putting the Brakes on Unsafe Trucking Companies