Case Resolved by: Verdict___ Settlement_X_ Mediation___
Arbitration___
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Full Case Name:
Wynn Christensen, husband of Helen Christensen, Deceased, Sheila Hartley, Jennifer
Hill, Eileen Banner and Daniel Banner, surviving children of Helen Christensen,
Deceased, Plaintiffs, vs. William S. Lemaster and Sanleco Inc, Defendants.
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Court:
U.S. District Court for the State of Idaho
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Case Number:
05-080-S-BLW
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Judge/Mediator/Arbitrator:
B. Lynn Winmill, U.S. District Court Judge
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Significant Legal Issues or Holdings:
Plfs’. Motion to Amend for Punitive Damages against the driver as well as
the trucking company was granted by Federal Judge B. Lynn Winmill.
Defs. argued comparative negligence, claiming there was no way for deceased not
to have seen the stopped and lighted trailer unless she was distracted by her cell
phone use.
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Plaintiff Characteristics: age, work history, earnings, family, etc.
Helen Christensen was a 58-year-old married school teacher. She was
the mother of five adult children.
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Liability Facts:
Mrs. Christensen collided with a stationary semi-trailer that was blocking the entire
roadway on Idaho Highway 20/26, a two-lane 65 mph rural road. Mrs. Christensen
died as a result of her accident injuries. The 7:10 a.m. collision occurred
while it was still dark, but the trailer was fully lighted, had its 4-way flashers
going, and met all legal conspicuity requirements. Deceased had been talking
on her cell phone just prior to the wreck. Plfs. alleged Def. driver was attempting
to make a U-turn and the maneuver was physically impossible to accomplish.
Plfs. also alleged the truck driver was disqualified, based on driving record, and
should not have been hired.
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Describe Physical Injuries by Plaintiff:
Wrongful death
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Plaintiff Experts & Specialty (Name/Address/Phone)
Tom Fries, Accident Reconstruction, Portland, OR; Dr. Richard Gill, Human Factor,
Spokane, WA; Arthur Atkinson, Trucking Safety, Glendale, AZ; Walter Kosmatkia, Illumination,
Highland Hts., Ohio.
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Defense Experts & Specialty (Name/Address/Phone)
Dennis Andrews, Accident Reconstruction, Tooele, UT; James Harris, Illumination.
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Comments: (Please add additional page(s) if necessary)
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As submitting plaintiff’s attorney, I certify that the facts contained herein
are true and accurate and hereby give permission to APITLAmerica®
to publish this account of this case in any place they so choose, including, but
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in the total discretion of APITLAmerica®.
Furthermore, by my signature below, I also hereby release and provide to APITLAmerica® any copyrights to the information contained in
this case report, and warrant that no other copyrights have been given to any other
entity for this material.
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Submitted by:
Plaintiff Attorney: Andrew M. Chasan
Chasan & Walton, L.L.C.
(co-counsel Timothy C. Walton, Chasan & Walton, L.L.C.)
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Phone: 208 345-3760
Fax: 208 345-0288
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Address:
PO Box 1069
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Email Address:
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City/State/Zip
Boise, Idaho 83701
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SIGNATURE:
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