Jump to Navigation

Success Stories

$8.3 Million Verdict for Minor Suffering Traumatic Brain Injury

A 17 year-old skier was night skiing down Eagle's Swoop, an open intermediate slope at Wintergreen ski resort in Nelson County, Virginia. On the night of the accident, a snow groomer emerged from the tree line on skier's left of Eagle's Swoop, pivoted uphill, and then began driving about 300' straight uphill close to the tree line and against the direction of skier traffic, while the ski run was open to the skiing public. Client came over the crest of the pitch, up which the snow groomer was ascending. She avoided the escorting snowmobile, lost control, fell and slid at high speed about 90 feet into the blade of the groomer. She sustained a comminuted fracture to her left humerus, a fracture of her left elbow and a non-displaced pelvic fracture. She also sustained a severe right frontal skull fracture. She went into respiratory arrest at the scene and was resuscitated by the patroller who had been riding the snowmobile. She was evacuated by helicopter to the trauma center. Her orthopedic injuries healed, but her skull fracture resulted in a permanent brain injury with extensive loss of function.

Plaintiff contended that the policy of bringing the groomer out into the slope, through a break in the tree line, pivoting uphill, and then driving the groomer uphill against skier traffic was unreasonably dangerous. Moreover, there was a blind area where the groomer was moving: from uphill, as she descended, a skier's visibility of the run on which the groomer was moving was either obscured or partially obscured. The ski area operator specifically approved the policy of moving groomers on open slopes with an escorting snow mobile but prohibiting actual grooming on open ski slopes. The case was tried in Circuit Court for the County of Albemarle, Virginia.

The jury awarded $8.3 million. The Supreme Court of Virginia dismissed the Defendant's Petition of Appeal on July 7, 2005. Jim Chalat co-counseled the case with Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, of Charlottesville, Virginia.

Back to Top

Fireman Plunges Over Open Edge of Ski Run

Client suffered disabling brain damage in a skiing accident on a ski trail maintained at a ski area near Harrisonburg, Virginia by Massanutten Ski Resort.

His brain injuries were totally disabling, requiring full time institutionalization. He suffers permanent and profound physical, mental and psychological deficits. He is confined to a wheelchair and suffers uncontrollable bouts of frustration and anger. His intellectual capacity is severely limited. He communicates with simple notes, and he can manage no more than a game of BINGO.

Massanutten Mountain forms a ridge east of the Shenandoah Mountains. Massanutten Ski Resort has a peak elevation of about 2900 ft. above sea level. It has 11 slopes, 8 lighted, a quad chairlift, and over 1,110 feet of vertical drop. Slopes are typically open from mid-December until mid-March, with 100% snow-making capacity. Its longest two runs are both man-made, the 3,400-foot Diamond Jim and the 4,100-foot ParaDice. Using the cut-and-fill construction method, both of these were completed by Massanutten in late 1991. Client's accident occurred on Diamond Jim, just two days after it had opened to the public.

In a motion for judgment alleging negligence on the part of Massanutten, Client's wife sought recovery of damages for his injuries. A jury returned a verdict in the Client's favor in the amount of $6,170,563.00. The jury found no contributory negligence and no assumption of risk. Upon the motion of Massanutten, the trial court set the verdict aside and entered judgment in favor of Massanutten.

The trial judge determined that there was insufficient evidence to support the verdict, giving credence to defendant's contention that the result was merely a "sympathy verdict." We filed a petition for writ of certiorari to the Supreme Court of Virginia. The writ was granted. The Supreme Court reversed the judgment and reinstated the verdict.

Back to Top

Minor Snowboarding Recklessly Collides With Stationary Skier

C.D. and others in her family were standing in open sight on the Sugar N' Spice trail, at the Sierra-at-Tahoe ski resort. Along that trail, uphill from the site of this accident, there were numerous "slow" signs and "slow ski/slide zone" signs advising skiers and riders to proceed slowly along that run. Defendant, P.K., chose to ride his snowboard at a very high rate of speed down Sugar and Spice. He executed a jump and collided with C.D. at a very high rate of speed, knocking her to the ground, rendering her unconscious, and inflicting a traumatic brain injury. The defendant admitted in writing, both in his Collision Statement and his deposition, that he was "going pretty fast." This despite the clear markings on the slope and on the map that "Sugar N' Spice" is a Slow Ski Area, and is designated by signs at the top of the Grandview Express as the "Easiest Way Down."

P.K. was a season pass holder at Sierra -at-Tahoe. He testified that he had previously snow boarded at Sierra-at-Tahoe during the 2004-2005 season "five or six" times prior to the accident. Following the incident, and before patrol arrived, a witness reported that P.K. left the scene. Counsel for plaintiff effectively argued that flight is an indication of guilt. Patrollers reported that C.D. was unconscious and unresponsive during the entire evacuation.

After immobilizing C.D. and transporting her on a snow cat, Sierra-at-Tahoe transferred her via helicopter to Washoe Medical Center. There, she was diagnosed with a severe closed head injury, a sub-arachnoid hemorrhage on the right side of her brain, and a subdural hemorrhage on the left side of her brain, causing a 5 mm shift. She also sustained a Level III liver injury. She was maintained on respiratory support in ICU for 36 hours and was extubated after 72 hours. She was transferred to a facility closer to her family, then admitted to rehabilitation unit for fifteen days. Ultimately, she was discharged with a diagnosis of traumatic brain injury and secondary cognitive deficits. The total billings for the evacuation and hospital treatment were $235,088.77.

On May 5, 2005, as counsel for C.D. we filed the action in California. In July, 2006 the case settled for $700,000.00.

Back to Top

McCLELLAN v. JOHN PENNIE and YESCO
Mother and Grandmother Die from Car Accident Injuries.
Husband Pursues Wrongful Death Claim

Court:
Confidential settlement reached.

Plaintiff's Counsel:
Chalat & Koupal PC

Facts
On the clear and sunny afternoon of December 28, 2000, Mrs. Sandra McClellan was driving her 1992 Jeep Cherokee northbound on Colorado 287 in Boulder County, Colorado. At approximately the same time, Mr. John Pennie was driving a 1999 Ford F-550 utility truck southbound on Colorado 287. Mr. Pennie was driving the utility truck as part of his duties as an employee of Young Electric Sign Company (YESCO.)

Mr. Pennie attempted to make a left hand turn onto eastbound Colorado 52 directly into the path of travel of Mrs. McClellan, without yielding the right of way to Mrs. McClellan, and collided into Mrs. McClellan's vehicle. Mrs. McClellan was trapped inside her vehicle after the impact. Paramedics responded to the scene, extracted her from the vehicle, and had her airlifted to a local trauma hospital.

Mrs. McClellan essentially experienced a crushing of her left side which resulted in coma followed by repeated surgeries and blindness in one eye. She ultimately died of her injuries on February 19, 2001. Mrs. McClellan was 60, a mother and grandmother, and an employee of 14 years at Call Connect where she worked as a physician-referral counselor.

Howard McClellan, her husband of 25 years, pursued a wrongful death claim against Mr. Pennie and YESCO. The actual damages in the case were about $1.2M. The claim was settled for a confidential amount in May of 2001.

Back to Top

Failure to Treat Results in $10 Million Verdict

A nine-year-old boy presented to his primary care pediatrician in October, 2004 with symptoms of frequent urination and neck "stretching." The doctor attributed the symptoms to anxiety and/or stress, brought about by the family's recent move from Israel to the United States. The child's mother consulted with the pediatrician by phone on at least two occasions following the October, 2004 office exam. It was undisputed that the mother reported occasional headaches and fatigue in one of these calls. The patient was next seen for an office exam on March 15, 2005, reporting headaches, dizziness, visual disturbances, shoulder pain and increased fatigue. Still, the doctor's assessment remained that patient's symptoms were related to stress or anxiety. The youngster was seen again on March 30, 2005, with complaints of acute shoulder pain. Between April 1, 2005 and May 9, 2005, the child's pain symptoms worsened and evolved. After a phone call on April 18, 2005 in which the mother reported "pain all over," the doctor noted in the chart: "doubt underlying organic DZ (disease)."

On May 9, 2005, the child was examined by the pediatricians partner, who was covering for the vacationing doctor. The partner ordered a direct admit to The Children's Hospital in Denver, where a MRI of the C-spine revealed a juvenile pilocystic astrocytoma (JPA) in the suprasellar/hypothalamic region of the youngster's brain. The radiologist noted that the tumor was "obliterating" the third ventricle. When an emergency ventriculostomy to decompress and reduce intracranial pressure was performed, the tumor bled, necessitating a craniotomy to debulk the tumor. The bleed and craniotomy caused profound cognitive deficits, blindness in the right eye, partial blindness in the left eye, diabetes insipidus, significant Tourette-type tics and other significant damage.

The plaintiffs brought suit against the pediatrician only, contenting that she negligently failed to timely refer the child for a diagnostic MRI based upon his history of headaches; visual disturbances; worrisome and inexplicable radiating pain in neck, shoulders, and groin; and in the face of progressive weight loss.

The plaintiffs' experts testified that a diagnosis made 30 days earlier would have allowed sufficient time to institute 3 cycles of chemotherapy, which would have controlled further growth of the tumor, preventing the bleed and the need for the craniotomy. At trial, it was demonstrated that patient would need lifetime care, that he would not be able to earn a living, and that he would need full-time assisted living. A complete life care plan was generated and priced to a net present value.

On behalf of the boy and his mother, Chalat Hatten & Koupal achieved one of the largest medical malpractice verdicts in Colorado's history: $10,100,000.00, comprised of $9,000,000.00 in economic damages, including life care planning, lost earnings, and future medical expenses for the child, and $1,100,000.00 in economic damages for mother for past medical expenses and future medical expenses until the child turns age 18. No damages were awarded for pain and suffering, impairment or disfigurement. (In any event, Colorado caps such non-economic damages at $300,000.00).

Back to Top

Defective Design Results in Traumatic Amputation of Arm

J.R., a 27-year-old lift mechanic at a Colorado ski resort, suffered the traumatic amputation of his right arm while working. The basis of the claim was strict liability for manufacturing defect and design defects in the conveyor-type ski lift manufactured by the defendant Magic Carpet Ski Lifts, Inc. The precise nature of the manufacturing defect was an in-running nip point created by the improper rotation of a brush under the conveyor, into which J.R.'s right arm was drawn while working on the lift.

On the day of the accident, Copper was getting one of its best snowfalls of the year. The area was busy. A class of beginners was anxiously awaiting the opening of the Easy Rider, after lunch. J.R. had been assigned the Easy Rider, and was cleaning snow off the lift and out from under it. As was the practice with other mechanics, the lift was run to mechanically sweep snow off the belt. As the snow accumulated in the headset, J.R. would shovel it out. He then went to adjust the position of the heater with the lift running, reaching in to position it under the snow deposit. His arm was then drawn into the in-running nip point formed by the brush and the belt. He was trapped, he was alone, he was being murdered by the machine. He was able to reach his radio and attract help; other mechanics responded and turned off the machine. His right arm was degloved and later amputated just below the elbow.

The lift was constructed so as to allow the snowbrush to rotate either opposite to the conveyor belt, or in the same direction as the travel of the belt. The wiring of the conveyor motor determined the direction of rotation, and this design created a unique manufacturing defect in the Easy Rider. If the design had required that the brush be wired to rotate in the opposite direction, throwing snow uphill, J.R. simply would not have had his arm drawn in between the belt and brush.

At the time of trial, J.R. had incurred $189,201.90 in past medical bills. His income losses and future medical losses totaled an additional $778,200.00. During the trial, the parties reached a confidential settlement.

Back to Top

Near-Amputation of Hand by Faulty Lab Equipment

This case involved a settlement for a 32-year-old lab technician who suffered a fractured wrist and severed tendon when an animal cage cleaner lift fell on her dominant hand, requiring surgery and resulting in a 9% whole body impairment rating.

The suit against the machine manufacturer alleged that the washer was defective because (1) an unguarded pinch point existed between the lift and the front of the machine, (2) the lift could drop uncontrollably under certain conditions and (3) no interlocking mechanism was installed on the door to prevent users from opening it when the lift was not in a secure position.

The plaintiff's employer, the University of Colorado Health Sciences Center, joined the suit to recover for medical benefits and worker's compensation benefits paid to the plaintiff. and for the cost of the cage washer, claiming that the unit was so unsafe as to be unusable.

MTP Custom Machines, a New York manufacturer of industrial and laboratory wash equipment, settled with all parties for $325,000.00.

Back to Top

Ski Collision AT Snowbird Results in $1.5 Million Settlement

Johnny Kotun, age 28, was an expert recreational skier. On March 25, 2007 at 4:00 PM, Kotun was traversing along a lower cat walk across the "Wilbere cutoff" and was headed toward one of the lower parking lots at Snowbird Ski Resort. Defendant, a 16-year-old off-duty junior ski instructor, was descending the cutoff, directly under the Wilbere chair lift. Defendant took a jump off of a transition, and performed a 360. He landed, carved two wide arc turns and collided at high speed into Kotun. Kotun was seen and heard waving his arms and shouting at defendant to avoid him in the moments before the collision. At impact, Kotun was ejected from his skis and thrown into a nearby tree. Defendant also went airborne into the tree. About 25' from the point of impact was a large, orange SLOW banner. The testimony from witnesses (including chairlift passengers who reported to the scene) and the defendant formed a basis for our expert to establish a minimum speed at point of impact > 42 mph.

Defendant sustained a non-displaced pelvic fracture, a concussion (no helmet) and bruising to his kidneys and spleen. He recovered without any impairment.

Kotun sustained mandibular and maxillary fractures. Although he was wearing a helmet, Kotun also sustained an intra cerebral and frontal lobe hemorrhage, and a severe shear injury.

He recovered from the facial fractures but is now hemi-plegic on his left side, and has significant cognitive and speech impairments. His ability to live independently and earn an independent living has been lost.

The parties settled for the policy limits of $1.5 Million. A significant portion of the settlement payment was structured. The case was filed in Salt Lake County District Court and local counsel on the case were Craig Adamson and Craig Hoggan of Dart Adamson and Donovan of Salt Lake City, Utah.

Back to Top

$1.3 Million Verdict for Family of Patient Who Died After Routine Surgery

A surgeon performed a routine, anterior cervical discectomy on a 54-year-old mother. During the operation, the surgeon injured the patient's left common carotid artery. Although the doctor attempted to repair the damaged artery, after the surgery imaging studies revealed a large cerebral cortical infarct. The patient died two days later as a result of the injury to the carotid artery and cerebral cortical infarct.

After an eight day jury trial, the jury deliberated for about 2.5 hours and returned a verdict for the plaintiffs. The award was $540,094 to the surviving spouse for economic damages and $160,000 to each of the five other plaintiffs, the surviving adult children, for non-economic damages, for a total award of $1,340,094. Costs and prejudgment interest were not included as part of the jury's award. The presiding court then reduced the non-economic damages award to align with applicable statutory caps.

"Past results are no guarantee of future results."

Chalat Hatten & Koupal
1900 Grant Street, Suite 1050
Denver, CO 80203
Map and Directions

Phone: 303-502-5007
Toll Free: 866-701-7292
Fax: 303-861-0506
E-mail the firm

Case Evaluation Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close