A group of co-workers went on a ski trip; P.B. was the least experienced of the group. One in the group found delight in knocking down other skiers and recording it on a GoPro. When the jokester hit P.B., the collision broke his shoulder.

Final diagnosis was a fractured humeral head requiring surgery. P.B. lost about a week of wages, feared retaliation
since the hitter was a superintendent at the police department where P.B. worked.

Partner Evan Banker represented P.B. in this matter and achieved a $300K settlement on his behalf.

Past results are not a guarantee of future results.

Our client was skiing Lower Ruthie’s Run at Aspen when he was hit in the back by the defendant, who was skiing with his children, possible chasing them. The collision resulted in injuries including left rotator cuff tear, broken ribs and casting of left hand.

Partner Russell Hatten represented our client in this matter and achieved a $307,500 settlement on his behalf.

B.W. was a pedestrian crossing Sheridan Blvd. at Byron, walking in the crosswalk with the pedestrian walk
signal. Mr. Gomez was working as an employee of Compass Construction when he made a right hand turn
on red, colliding into B.W.. Since Mr. Gomez was acting within the course and scope of his employment,
Compass Construction’s insurance – not Mr. Gomez’ private auto insurance – will provide coverage for the
motor vehicle/pedestrian accident.

On January 19, 2018, B.W. underwent posterior spinal fusion C4-Tl; ORIF C5-6 extension fracture; posterior
instrumentation C4-Tl; and C5-6 cervical laminectomy for decompression of the spinal cord. The next day,
he underwent surgery for ORIF right comminuted intra-articular distal radius fracture, utilizing both volar
plating and a dorsal bridge plate; closed reduction and percutaneous pinning of distal ulna fracture; and
closed reduction and percutaneous pinning of right thumb distal phalanx fracture. His surgeries were
followed by months of spine rehabilitation care; medical expenses were close to $500K.

Chalat Hatten & Banker negotiated resolution of B.W.’s pedestrian accident claims without filing a lawsuit.
The matter settled for $2M.

Clients were traveling as a family on 120th Avenue in a 2007 Nissan Titan Crew Cab. The father turned right onto
Tower Road and proceeded up the overpass for C-470 where the Titan was hit head-on by a truck in the wrong
lane. Everyone was belted; airbags deployed. The entire family was transported by ambulance to University of
Colorado Hospital in Aurora.

The wife and mother, who was in the front passenger seat, was admitted to the ICU and had emergency surgery
that night. Her back was broken in 2 places and sustained damage to her diaphragm. The daughter suffered a
lacerated kidney and back injury. The father suffered broken ribs and back injuries.

Chalat Hatten & Banker successfully negotiated a settlement on behalf of the recovering family. The matter
settled for $389,500.

Robert Moreno, age 50, of Denver, CO, owns a residential installation business. On June 15^th, 2020, Moreno was installing insulation at a home next the home owned by defendant J.D. age 40. J.D. owned an English Bulldog with which he was walking using a retractable leash.  As J.D. left his home with the dog, it ran towards Moreno and without provocation bit down on his knee and twisted it, tearing Mr. Morenos meniscus. As a result, Mr. Moreno needed surgery on his knee and was unable to work during his recovery. Partner Evan Banker and Russell Hatten represented our clients in this matter. The jury awarded Moreno damages of $228,000, with interest and costs the total judgment was valued at and settled for $301,000. Moreno v. J.D., 2022CV 31398 (District Court, City and County of Denver, Colorado)

Quick overview: Our client was descending See Me at Steamboat when he was t-boned on the right side by the defendant. The collision resulted in a fractured hip. This is the first skier/skier collision case tried to verdict in the United States since the Gwyneth Paltrow case. Partner Evan Banker and Russell Hatten represented our clients in this matter. The jury awarded damages of $435,000, With interest and costs the total judgment is expected to exceed $500,000. Foster v. M.B., 2022CV 30020 (Routt County District Court).

Foster v M.B., Routt County District Court, Case No. 2022CV030020 (June 15, 2023).

In this skier v skier case tried by Russell Hatten and Evan Banker, a Routt County jury found 100% liability against the minor defendant who was age 16 at the time of the accident and is referred therefore by his initials “M.B.” 

The jury evaluated the evidence and awarded $173,134.72 for pain and suffering, plus $131,400.00 for economic damages (primarily medical billings) and an equivalent amount, $131,400.00, for physical impairment and/or disfigurement.  Total $435,934.72. Following entry of judgment, the insurer for M.B. paid approximately $525,000 to settle the judgment plus costs and interest, closing the case.

Moral of the story… this was the first full trial of a skier collision case since the highly publicized case of Sanders v Paltrow tried in Summit County, Utah.  Avoiding all of the nonsense, Russell and Evan focused on the facts as set out in the contemporaneous accident reports, the forensic evidence, the medical evidence and imaging showing the fractures and complexity of the care. The weight of the evidence established that M.B. was the uphill skier with plenty of time and space to avoid the collision.  The jury returned a verdict for the plaintiff notwithstanding some belief that the Paltrow case had reduced skier collision cases to daytime cable-t.v., soap opera comedy. 

Facts:

On December 27, 2021, both Mr. Foster (age 67) and M.B., were skiing at Steamboat on “See Me.” Foster was a former a NCAA Alpine Skiing Champion, who had skied on the varsity ski team at the University of Colorado. Foster was skiing down the skier’s far right side making short, tight slalom turns at a skiing speed of 10- to 12-miles per hour.

“See Me,” is a “Most difficult,”/Black Diamond trail. It was 50 yards wide with a 17° inclination at the point of the incident. Based upon Steamboat Ski Patrol photographs, GPS measurements, video and aerial photography, our ski safety engineer, Mr. Patrick Kelley, determined that there was more than 200-yards of open visibility on See Me above the area of the collision.

Foster testified that M.B. hit him from uphill at a high rate of speed. M.B. reported to the Steamboat Ski Patrol that he and Mr. Foster, “were both skiing down the mountain taking turns and I was kind of mapping out his turns and I hit a patch of ice right as he made a little bit longer turn than I expected and I just couldn’t get out of the way.”

In the collision, Foster took the brunt of the of the force on his uphill leg – at his right hop. Foster sustained a right proximal femur fracture. He was evacuated from the scene by tobaggon.  M.B. was uninjured.

Mr. Foster was taken to Yampa Valley hospital in Steamboat where an orthopedist repaired his fracture with an intramedullary nail and two fixator screws.  Although the fracture seemed to be healing, in June 2022 Mr. Foster experienced a refracture of the injury.  A second surgery was done with the placement of a more robust plate, screws, and fixation.  There was no claim and no evidence that the Steamboat doctor’s treatment was below standard.  The severity of the fracture, was significant.  A re-fracture was a risk to be expected.  No evidence was presented that Foster failed to follow advice or did anything to cause the re-fracture. 

Foster’s doctor testified that Foster now walks with a limp, he has not returned to skiing, and is limited in his activity. For a former college ski racer, his life was changed. The risk of yet another re-injury limits him.  He has not returned to hiking, riding outdoors, or other activities to which he looked forward during retirement. 

Legal issues: The Court instructed the jury under the Colorado Ski Safety Act:

At the time of the occurrence in question in this case the Colorado Ski Safety Act was in effect.  The Colorado Ski Safety Act states:

Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability… the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.”  Colo. Rev. Stat. § 33-44-109(1).

Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.” Colo. Rev. Stat. § 33-44-109(2). 

A violation of these statutes constitutes negligence. If you find such a violation, you may only consider it if you also find that it was a cause of the claimed injuries, damages, and losses.

Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability

Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects.

the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.

A violation of these statutes constitutes negligence

Settlement Offer:
On April 4, 2023 Defendant made a statutory offer of settlement in the amount of $350,000. Foster turned down the offer.

Expert witnesses:

               Medicine:

Orthopedics – Dr. Michael Shingles, D.O., of Lansing Michigan for Plaintiff. Dr. Shingles testified by video preservation deposition. He testified as to the anatomy, severity, and treatment for the acute injury, the after care, subsequent re-fracture in June 2022 which Dr. Shingles treated, the reasonableness of the care and medical billings, the cause and repair of the re-fracture, and the impairment, pain and suffering, future prognoses, of Foster.  The evidence given by Dr. Shingles was unrebutted.

On Liability:

Patrick Kelley, P.E.  Patrick is one of the most well-respected accident reconstruction and ski safety experts in the United States.  He testified as to the location and terrain of the accident scene, the forces and vectors of the parties.

Long-time defense expert Seth Bayer, P.E. testified for defendant, but admitted on cross examination that defendant was probably the uphill skier based upon the evidence in the case.

M.B., age 21 was a helmeted passenger on a motorcycle when a car driven by Ms. Robb, an elderly lady from
South Carolina, made a left hand turn and crashed into her. Robb was in a rented car and was given a traffic
citation at the scene of the accident. M.B. was taken to Sky Ridge Medical Center by ambulance and remained
there for two weeks. She was admitted into ICU for a lacerated liver, knee injury and broken hand.

She initially engaged a high-volume, “TV advertising” law firm but felt that “she was not being treated fairly or
communicated with properly.” Her matter involved both a criminal and civil side. Her claims were significant
for huge medical bills and lost income as a personal trainer. Insurance coverage was complicated with low
policy limits on the rental, and two other insurance policies providing coverage for the accident.

Partner Russell Hatten represented M.B. and achieved a $500K settlement on her behalf.

A.S. was skiing on Sandy Park, an intermediate ski trail at Snowmass Resort at 2:20 PM on Thursday, March 1, 2018.
Cohen was uphill of A.S., flew over a roll and took A.S. out. In the Collision Report Form, ski patrol quoted A.S. at the
scene immediately after the collision saying “I got hit in the back.”

A.S. sustained multiple right-sided rib fractures, thoracic bleeding and collapsed lung (hemopneumothorax), a right
clavicular displaced fracture, and associated pulmonary injury. He spent four days in Aspen Valley Hospital, all in ICU.
Aspen Valley Hospital could not manage the hemopneumothorax and emergently transferred him to St. Anthony
Hospital in Lakewood, CO. He would spend an additional twenty-one days there.

A lawsuit was filed by Chalat Hatten & Banker, but the claims were settled before trial for $675,000.
Partner Russell Hatten was the lead attorney on the case.

Blue skies on Heavenly Days at Steamboat one March morning in 2019. Our client, an 85 year-old-husband and past-president of Steamboat Ski Corps in the 80s, was skiing with a friend. Another skier ran into him from behind, causing a brain bleed. Our client was airlifted for brain bleed to Anschutz, ICU, and then transferred to neurology after for four days. Client is only a moderate skier now, as he needs to be very careful when undertaking physical activity.

Partner Evan Banker represented our client in this matter and achieved a $305,000 settlement on his behalf.

Past results are not a guarantee of future results.

Our client, an Orthopedic Surgeon, was struck from behind by an out of control skier on Rhapsody Run at Copper Mountain on 11/24/19. Client had slowed for a “slow zone” and described the collision as being “hit by a truck.” Client suffered multiple fractures and was hospitalized for 6 days at St. Anthony’s. He lost consciousness and suffered multiple fractures including ribs and a separated clavicle which required surgical repair. The accident prevented our client from returning to his busy orthopedic practice for several weeks.

Our client was represented by partner Jim Chalat. Jim secured a $303K settlement on his behalf.