Nelson et al v. United States of America
Plaintiff: James Nelson and Elizabeth Varney
Defendant: United States of America
Case Number: 1:2011cv02953
Filed: November 14, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Michael E. Hegarty
Nature of Suit: P.I.: Other
Cause of Action: 28:2671 Federal Tort Claims Act
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 9, 2017 Opinion or Order Filing 226 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER AS TO APPLICABILITY OF EXCEPTION TO COLORADO RECREATIONAL USE STATUTE entered by Judge Wiley Y. Daniel on 6/9/17. It is hereby adjudged and ORDERED: 1. The Court has jurisdiction over Plaintiffs claim s under the Federal Tort Claims Act.2. The United States liability for the damages sustained by the Plaintiffs James Nelson and Elizabeth Varney is not limited by the Colorado Recreational Use Statute because of the United States willful failure to w arn or guard against a known dangerous condition on its property likely to cause harm.3. The United States is liable for injuries, losses or damages sustained by Mr. Nelson and Elizabeth Varney in regard to Mr. Nelson's accident on September 3, 2008. 4. Defendants willful action and inaction, for which it is liable, were the direct and proximate cause of the Plaintiffs injuries, losses, and damages.5. Defendant is 100% liable to the Plaintiffs for their damages.6. Plaintiff James Nels on is hereby awarded his damages as I previously determined in my May 14, 2014, Order in the total amount of $6,900,793.53.7. Plaintiff Elizabeth Varney is hereby awarded her damages as I previously determined in my May 14, 2014, Order in the to tal amount of $401,425.8. Plaintiffs are awarded post-judgment interest at the rate allowed by law.9. Plaintiffs are awarded their costs and attorneys fees incurred in bringing this action pursuant to Colo. Rev. Stat. § 33-41-105.5. Plaintiffs shall provide their Bill of Attorneys Fees and Bill of Costs to the Court in accordance with the Federal Rules of Procedure. (rkeec)
June 19, 2014 Opinion or Order Filing 190 ORDER granting 182 Motion to Alter Judgment by Judge Wiley Y. Daniel on 06/19/14.(jhawk, )
May 14, 2014 Opinion or Order Filing 180 FINDINGS OF FACT AND CONCLUSIONS OF LAW The United States is liable under the Colorado Premises Liability Act for injuries, losses or damages sustained by Mr. Nelson and Elizabeth Varney in regard to Mr. Nelson's accident on September 3, 2008. Defendants action and inaction, for which it is liable under the Colorado Premises Liability Act, were the direct and proximate cause of the Plaintiffs injuries, losses, and damages. Defendant is 100% liable to the Plaintiffs for their damages. Plaintiff James Nelson is hereby awarded economic damages in the amount of $2,964,763.59. Plaintiff James Nelson is hereby awarded noneconomic damages in the amount of $936,030, based on the clear and convincing evidence of these damages. Plaintiff James Nelson is hereby awarded permanent impairment and disfigurement damages in the amount of $3,000,000. The total amount of damages awarded to Mr. Nelson is $6,900,793.53. Plaintiff Elizabeth Varney is hereby awarded $40 1,425 for her loss of consortium damages. Plaintiffs are awarded post-judgment interest at the rate allowed by law. Plaintiffs are awarded their costs incurred in bringing this action. Plaintiffsshall provide their Bill of Costs to the Court in accordance with the Federal Rules of Procedure. by Judge Wiley Y. Daniel on 5/14/2014. (evana, )
February 6, 2014 Opinion or Order Filing 132 FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER by Judge Wiley Y. Daniel on 02/06/14. (jhawk, )
November 27, 2013 Opinion or Order Filing 117 ORDER of Recusal. I direct the Clerk of the Court to cause this matter to be reassigned by random draw to another Magistrate Judge by Magistrate Judge Michael E. Hegarty on 11/27/13. (jjhsl, )
November 26, 2013 Opinion or Order Filing 115 ORDER granting 110 Motion to Allow Deposition Testimony of Witness Russell M. Bircher to be Introduced as Evidence at Trial Pursuant to Fed.R.Civ.P. 32(a)(4)(E) by Judge Wiley Y. Daniel on 11/26/13.(jjhsl, )
November 13, 2013 Opinion or Order Filing 96 ORDER granting 92 Plaintiffs Unopposed Motion to Allow Preservation Deposition of Jesse Kurtz to be Introduced as Evidence at Trial Pursuant to Fed.R.Civ.P. 32(A)(4)(E), by Judge Wiley Y. Daniel on 11/13/2013.(ervsl, )
September 16, 2013 Opinion or Order Filing 79 ORDER. ORDERED that Defendant's Motion for Summary Judgment 58 is DENIED. ORDERED that Plaintiffs Motion for Partial Summary Judgment on Defendant's Colorado Recreational Use Statute Affirmative Defense 57 is DENIED by Judge Wiley Y. Daniel on 09/16/13.(jjhsl, )
August 29, 2013 Opinion or Order Filing 77 ORDER. Motion to Strike Declaration of James Anderson and to Preclude His Testimony as Evidence in this case 74 is GRANTED. The Declaration of James Anderson attached as Exhibit F to Defendant's Motion for Summary Judgment is STRICKEN. ORDE RED that the United States request in its Response in Opposition to Plaintiffs' Motion to Strike to substitute Mr. Anderson's Declaration with the Declaration of Frederick L. Williams is GRANTED. Mr. Williams' Declaration (ECF No. 75 -2) shall be substituted for Mr. Andersons Declaration. ORDERED that on or before Monday, September 9, 2013, Plaintiffs may file a supplemental response to Defendant's Motion for Summary Judgment that addresses the Declaration of Mr. Williams and its effect on the motion by Judge Wiley Y. Daniel on 08/29/13.(jjhsl, )
October 5, 2012 Opinion or Order Filing 42 STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/05/12. (jjhsl, )
August 9, 2012 Opinion or Order Filing 30 MINUTE ORDER granting in part and denying in part 28 Motion to Vacate. Settlement Conference reset for 9/27/2012 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty by Magistrate Judge Michael E. Hegarty on 08/09/12.(jjhsl, )
July 2, 2012 Opinion or Order Filing 26 MINUTE ORDER granting 24 the United States of America's Unopposed Motion to Amend Scheduling Order. Rebuttal expert disclosures due by 8/28/2012. Discovery due by 9/20/2012. By Magistrate Judge Michael E. Hegarty on 7/2/2012. (mehcd)
June 18, 2012 Opinion or Order Filing 22 MINUTE ORDER granting in part and denying in part 20 The United States of America's Unopposed Motion to Amend Scheduling Order. Initial expert disclosures due by 7/16/2012. Rebuttal expert disclosures due by 8/16/2012. Discovery due by 9/5/2012. Dispositive Motions due by 10/5/2012. By Magistrate Judge Michael E. Hegarty on 6/18/2012. (mehcd)
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Plaintiff: James Nelson
Represented By: David P. Hersh
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Plaintiff: Elizabeth Varney
Represented By: David P. Hersh
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Defendant: United States of America
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