After a hearing on May 1, 2019, an Adams County, Colorado District Court Judge entered a $2,282,005.00 wrongful death judgment against Shaelina Fragale. The court found Ms. Fragale responsible for the death of Marcus Burke, who was driving his employer’s HVAC van southbound on Hwy 85 in Commerce City on the evening of October 6, 2017. Ms. Fragale, under the influence of alcohol and marijuana, was driving northbound on Hwy 85 when she lost control of her vehicle, continued into the median and then became airborne, slamming into the driver’s compartment of the HVAC van, killing Mr. Burke almost instantly. The court found that Ms. Fragale’s conduct constituted a felonious killing and entered the judgment in favor of Mr. Burke’s wife and infant daughter.

On September 20, 2009 Forrest Walker was driving his 1998 Ford Explorer.  He was stopped at the intersection of Arapahoe Avenue and Cherryvale Road in Boulder. Walker’s Explorer was rear-ended. His driver’s seat malfunctioned, and he was thrown backwards sustaining head and neck injuries.

Claiming that the Explorer’s seat was a defectively designed, Walker sued Ford. The first trial ended on March 25, 2013 in a verdict for Mr. Walker and against Ford.  The 2013 jury determined that Ford was liable for damages in the amount of $2,915,971.36.  Ford successfully appealed that verdict to the Colorado Court of Appeals, and then to the Colorado Supreme Court.  The high court ruled that the trial court had improperly instructed the jury on the correct test to apply to a finding of product liability. The Court threw out the verdict and the judgment against Ford and ordered a second trial to be conducted.

On March 1, 2019 a Boulder County District Court jury returned a verdict in favor of Forrest Walker, against Ford Motor Company in the net amount of $2,929,871.20.  With pre-judgment interest and costs the value of the judgment will rise to approximately $6.5 million. Mike Thomson of Purvis Gray Thomson chaired the trial and partner Evan Banker of Chalat Hatten & Banker second-chaired.

Riding an electric scooter in Denver can be convenient, but it can also be dangerous. A visiting Minnesota executive landed in intensive care at Denver Health Medical Center after he crashed on the scooter he was riding March 10. He suffered a skull fracture and a traumatic brain injury.

The same month, a 62-year-old had a scooter accident in San Diego and fractured his neck.  Another rider in that city fell and suffered a life-threatening head injury. These and other accidents prompted the San Diego City Council to adopt an 8 mph speed limit for the scooters in high-traffic pedestrian walkways and to designate two downtown areas as no-ride zones.

Sadly, in February an Irish exchange student became the third fatality resulting from a scooter accident in 2019. And an additional victim was left in a permanent vegetative state after a collision with a car while riding her scooter.

She is one of about 1,500 people across the country injured in an e-scooter accident since late 2017, according to Consumer Reports. The consumer advocacy group contacted 110 hospitals and five agencies in 47 cities where at least one of the two biggest scooter companies, Bird or Lime, operates. The institutions were queried as to the number and types of scooter-related injuries.  

A UCLA (Jan 2019) study also examined the injuries associated with e-scooter collisions, focusing on the scooter riders and pedestrians struck. The most common accident, according to the study, were falls (74 percent), followed by collisions with objects (10 percent), and being struck by a moving vehicle, like a car or bicycle (8 percent). The greatest harm was to the scooter riders, with 92 percent of injuries suffered.

The UCLA researchers examined records for admissions at the UCLA Medical Center, Santa Monica, and Ronald Reagan UCLA Medical Center emergency departments between Sept. 1, 2017, and Aug. 31, 2018. Significantly, it was determined that about one-third of the 249 injured riders covered by the survey arrived by ambulance. And of those injured riders, only 10 were wearing a helmet while operating the scooter.

The injuries themselves were categorized into three groups: head injuries (40 percent), fractures (32 percent), and cuts, sprains, or bruises without a fracture (28 percent). Fifteen people were admitted to the hospital, including two treated in an intensive care unit, according to the study.

In Denver, eight different companies have permits for e-scooter fleets, but only Lime, Bird and Jump have entered the market. If it felt like more to you, that’s because it’s already quite a lot of vehicles. Now there are 350 Lime scooters, 350 Bird scooters, and 200 Jump bikes darting around town.

Safety concerns prompted the Denver City Council to pass new rules in January for dockless electric scooters, the Electric Mobility Scooter ordinance.  The ordinance allows scooters to only ride on the sidewalk if a bike lane or a roadway under 30 mph is not available. When on the sidewalk, scooter users must yield to pedestrians and keep the scooter speed under 6 mph. When riding on roads, scooters must keep to the right side of the road and follow all the traffic rules cars and bikes follow. The scooters must also have lights during night hours. Electric scooters are prohibited from Denver’s 16th Street Mall.

The Colorado state legislature has also weighed in, with HB19-1221 passing both chambers and presumably heading to the governor’s desk for his signature. The new law will exclude electric scooters from the definition of “toy vehicle” and include electric scooters in the definition of “vehicle”, thus authorizing the use of electric scooters on roadways. The bill affords riders of electric scooters the same rights and duties that riders of electrical assisted bicycles have under the laws of the state.

By Jim Chalat

In January 2014 my Mom and Dad gave me their “Durable Power of Attorney.” This allowed me to work on their finances.  They also signed Advanced Medical Directives which gave my sister and me authority to make medical decisions for our parents if they could not.   

Dad was 89.  His eyesight, memory, and judgment were failing. His beloved garden was showing neglect.

Mom was 86.  Her arthritis had become so disabling that she used a walker, slowly.  Stairs were impossible.

After signing the legal papers, Mom and Dad pointed to a pile of papers, magazines, newsprint, newsletters, solicitations, envelopes, invoices, notices, and bank statements.  I gathered the entire mess into file boxes and began my journey into “elder parent care.” I took over the bills, maintenance of their home, and managed their taxes, insurance and utilities. My sister and I located an in-home care-giving service.  We put together a budget.  I sold the cars. We enrolled Mom and Dad in a less expensive MEDICARE Supplement plan, and either my sister or I would visit every month.

Now, Mom has passed away, and Dad is in assisted living on a memory-care floor.  The contents of their home were sold at a painful “estate sale” or consigned to an e-bay seller. Furniture and household items went to the Salvation Army. Work on the house threatened the Rhododendrons so we transplanted several to Dad’s assisted living facility. Once emptied, repaired, cleaned, and painted, the house was put on the market and sold. 

Many of our contemporaries are also caring for elderly parents and in-laws. In the United States, there are seven million people who are 85 or older.  In 20 years, that number will double.  

Here are some suggestions for those of you facing “elder parent care.”

• Reading helps. Two recommendations: Being Mortal: Medicine and What Matters in the End, by Atul Gawande; A Bittersweet Season: Caring for Our Aging Parents–and Ourselves by Jane Gross.
• Get the keys. The data shows that older drivers can become a threat to their own and others’ safety. The “involvement rate” for 85-year old drivers in fatal crashes is almost double the rate of 65-year-olds. There is no easy way to do this.  In my Dad’s case a small accident led the Department to evaluate his license and, thankfully, a thoughtful hearing officer replaced his driver’s license with an I.D. card.
• Consult with a probate attorney in the state where your folks live. Although uniform laws are the norm, probate law can vary state to state. A durable power of attorney on a form drafted by a local lawyer will allow you safely to handle your parents financial, real estate, billings and checkbook even as they decline. All subject of course to strict rules of fiduciary responsibility and subject to a court’s audit if there’s a problem. A trust might keep matters out of a lengthy and expensive probate proceeding. 
• Check your folks’ records for a Long-Term Care Insurance Policy. It could make all the difference for their quality of life and financial stability.
• Federal and state benefit rules are an intricate maze. MEDICARE will not pay for assisted living. It will make some payments for limited in-home care. payingforseniorcare.com is a private site, without a pay-wall, and very informative.
• MEDICAID will make limited payments for assisted living once the person is “eligible” meaning that the person has limited financial resources. Eligibility will vary some from state to state. https://www.colorado.gov/pacific/hcpf/colorado-medicaid.
• Are either of your parents veterans? Go to: https://www.benefits.va.gov/persona/veteran-elderly.asp If one of your parents is eligible for Pension, additional Aid and Assistance benefits may be available. https://benefits.va.gov/pension/aid_attendance_housebound.asp
• Be cautious on the internet, the elderly are frequent targets of internet fraud and crime.

Dad’s new room on the memory floor over looks his Rhododendrons.   One remembers Jefferson’s words: “Tho’ an old man, I am but a young gardener.”

Tips for Cyclists

Biking is a healthy and eco-friendly way to commute, exercise, or just enjoy the outdoors. However, sharing the road with cars and trucks can be dangerous for cyclists. As a responsible driver, it is essential to be aware of cyclists on the road as well as cyclists being aware of the rules of the road when riding.

Cyclists have the same rights and responsibilities as motorists. Always Remember to:

• Yield to Pedestrians
• Stop for stop signs
• Signal turns
• Travel with the flow of traffic

If you are riding a bicycle on the road, you are considered a vehicle on the road. Cyclists are required to obey the same road signs and traffic signals as motorists. Cyclists must always yield to pedestrians or other road users already in the intersection or crosswalk. Cyclists should always follow the rules of the road when riding in the streets and be extra cautious at busy intersections.

Cyclists may or may not be allowed on sidewalks in your community. If bikes are permitted on sidewalks, it is important to consider potential hazards such as:

• Pedestrians with pets and strollers
• Sprinkler systems
• Obstructions such as debris, open gates, planters and landscaping
• Other cyclists, runners, skateboarders and walkers.

Remember you are sharing the road with others and with that comes responsibility and awareness. If you are riding alongside large vehicles such as vans, SUV’s, trucks and motor homes you should be extra cautious. These vehicles have massive blind spots and drivers may not see you.  Here are some additional safety tips when sharing the road with large vehicles:

• Scan left, center and right.
• Give extra distance behind large vehicles, their blind spots may be too big to see you.
• Be extra cautious when you are behind a large vehicle turning right.

Tips for Drivers

When sharing the road with cyclists, it is important to consider bicyclist vulnerability. A car weighs 2 tons and a bike weighs a mere 20 pounds. Knowing the difference in size and weight between cars and bikes will allow a driver to be more mindful of space on the road when sharing it with a cyclist.

Important facts to consider when sharing the road:

• Bicycles on the roadway are considered vehicles. This is true for any cyclist 10 years and older.
• Not all cities allow bicycles on the sidewalk. Therefore, the road or indicated riding area would be the correct area for cyclists to ride.
• Cyclists are on the same level as motorists. They have the same rights and responsibilities.
• Adjust your attitude with entitlement on the road and be patient. There is a human on that bike and they have every right to share the road with drivers.

Cyclists agree that giving them space on the roadway can make a huge difference in safety. Over 20 states have passed laws requiring motorists to give bicycles on the roadway  3 feet of space. The 3-foot rule helps drivers by giving them a concrete frame of reference.

Drivers must be alert and patient while sharing the road. Drivers should also note these important tips:

• Put your cellphones down. (You shouldn’t be on your phone while driving no matter what!)
• Look twice for cyclists before turning left or right onto a road.
• Check before opening your car door when parked on a street.
• Accept that cyclists are here to stay.

Bicycling is on the rise. People are no longer just biking for exercise or work. Cyclists are riding to the grocery store, school, and for many, riding is the only form of transportation. The more we consider others on the road, the safer it will be when we share it.

If you live in the Denver Metro area, it’s impossible to miss the electric scooters that have slowly taken over the city. For 8 months these “toy vehicles,’ have crowded our city sidewalks, causing frustration to many pedestrians. The Electric Mobility Scooters (EMS), have been a hot topic for months and City council voted 13-0 to approve a new law that prohibits electric scooters from being ridden on a sidewalk. The law went into effect the second week of January.

Scooters may be ridden in bike lanes or in the street on roads where the speed limit is 30 mph or less. An EMS can only be ridden on the sidewalk in situations where there is no bike lane and the speed limit is higher than 30 mph. The new electric scooter law makes it illegal to ride on the 16th street mall and scooters cannot carry more than one person.

The new electric scooter law should alleviate pedestrian concerns and open the sidewalks from the crowdedness. It will also bring Denver up to speed with other scooter cities like Los Angeles and Chicago, where this law is in place and has proven to be effective. The new law is only effective in the city of Denver and the city plans to work with EMS companies such as Bird and Lime on a new education campaign, in efforts to educate riders on the new law.

The ski season has just begun, yet a death has already occurred at Monarch Ski Resort. The victim was a twenty-three year old member of the U.S. Army from Ohio. Chaffee County deputies reported that he was snowboarding on Dec. 2nd at Monarch when we lost control and crashed into a tree.

This is by far the most common accident which results in death on the ski slopes. The Ohio native was wearing a helmet, but often blunt trauma to the chest is the cause of death in ski collisions with trees. After the 2015-2016 ski season, the National Ski Area Association reported that the average person who died on the slopes of U.S. ski areas was “a 30-something experienced male skier wearing a helmet who hit a tree going too fast on an intermediate run.”

A second common ski accident resulting in death occurs when a skier falls into a tree well – the area of loose snow surrounding the base of a tall pine tree. Often skiers are unable to extract themselves and ultimately suffocate. The Canadian Ski Patrol estimates that 90% of people trapped in a tree well are unable to break free.

The dangers are clear, but can also be avoided by skiing in control and always skiing with a buddy.

On January 26, 2017, R.F. was skiing with Beaver Creek/Vail Resort ski instructor Jennifer Ellis. Ms. Ellis and R.F. were following two of her grandchildren and another hired instructor down Latigo. This is a groomed blue run, or more difficult run. Latigo turns into Dally, a green or easiest run, which the group descended on. While on Dally, R.F. was blindsided and hit by Mr. Buckley, who was merging onto Dally from a glade on Addy’s, a black diamond or most difficult run.

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Boyne Resorts has adopted a new policy requiring all workers to wear safety helmets when working on the mountains.

The new policy follows the death in March of Alexander Witt, an employee at Sugarloaf USA in Maine. Witt was not wearing a helmet while working on a steep trail at Sugarloaf, when he fell. The resort was fined $11,400 by the Occupational Safety and Health Administration.

Boyne Resorts operates nine ski resorts in the U.S. and Canada. A spokeswoman for Boyne told New Hampshire Public Radio that the new policy now applies to all its resorts, which also include Maine’s Sunday River and Loon Mountain in New Hampshire. The company also owns resorts in Michigan, Montana, Utah, Washington and British Columbia.