Rees v. Weese, et al.

     Case #2003CV237

     Judge:  L. Montgomery

     Court:  Boulder District

     Plaintiff’s Attorneys:    Larry D. Lee and Noel Lindenmuth of the law firm of Larry D. Lee, P.C.

     Defendants’ Attorneys:    Sherwin V. Wittman II and Brad Hardman of the law firm of Wittman and McCord

     Type of Claim:  Truck runs over world class athlete.  On October 7, 2002, Kelli Reed (f/k/a Rees) was riding her bicycle when she was run over by 10-wheeled roll-off dumpster truck.  The driver did not see her; the wheels of the truck ran over her lower half.  As a result of this rundown, Ms. Reed sustained multiple injuries, substantial treatment, surgeries, and permanent impairment.  She lost her career as a world class professional tri-athlete.  Her career as a graphic design artist has been substantially impacted.  This collision occurred because the truck driver was late to drop off his dumpster.  He violated various municipal ordinances and state statutes.  The truck driver either did not look, or he looked but failed to see the bicyclist, who was plainly visible.  The investigating officer and accident reconstructionist found the truck driver 100% responsible.  Witnesses corroborated this finding.

     Injuries:  As a result of this collision, Ms. Reed suffered injuries to her head (facial laceration above her right eyebrow requiring sutures; head injury symptomatology; etc.); neck injury; multiple contusions, abrasions and soft tissue injuries; bilateral knee injury; paresthesias; right hip/back injury (hemi-pelvis; the entire right thigh; the upper buttock and other structures involved in her crush injuries); and more.

     Demand:  Plaintiff offered to settle her injury claim. 

     Plaintiff’s Expert Witnesses:  Bob Caldwell, P.E. (Ponderosa and Associates) as an accident reconstructionist; Doris Shriver, M.A. as an occupational and vocational expert; Lynette St. Jean, M.A. as an economist; Murphy Reinshriber, an agent for tri-athletes on Ms. Reed’s prospects as a tri-athlete; Boulder Community Hospital physicians (emergency room physician, neurology, radiology, orthopedics, etc.); Guy Zublin, M.D./ Mapleton Rehabilitation Center – as a rehabilitation expert on multi-trauma crush injury, rehabilitation, pain control, etc.; Siri Lindly as coach and rehabilitation specialist, on Ms. Reed’s rehabilitation efforts and her coach ability for triathlons; F. Allen Richburg, M.D., San Diego Sports Medicine, on Ms. Reed’s pre-existing condition; Elizabeth Yurth, M.D. (Mapleton Hill Orthopaedics) on treatment and future medical needs; Robert H. Leland, M.D. (Mapleton Hill Orthopaedics) on lower extremity injuries and surgical repairs; Bruce Gottlieb, L.S.W. II on Ms. Reed’s tenacious spirit to move forward through adverse circumstances and her internal drive for success; Christopher J. Centeno, M.D. (The Centeno Clinic) on bicycle kinomatics and injury potential from this truck v. bicycle collision, together with his assessment of injury and treatment needs; Mark J. Phillipon, M.D., orthopedic surgeon specializing in repairs to the labrum of the hip, on his surgical repair.

     Defendant’s Expert Witnesses:  Henry Roth, M.D.

     Settlement:  This action resulted in a confidential settlement.

Putting the Brakes on Unsafe Trucking Companies