Sears & Associates, P.C.

2 N. Cascade Avenue, Suite 1250
Colorado Springs, CO - Colorado 80903
United States (US)
Phone: (719) 471-1984
Fax: (719) 577-4356

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Are Colorado Court’s Turning Up the Heat on the Colorado Ski Resorts?

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Colorado’s Ski and Safety Act, which outlines responsibilities for skiers and resort operators, was originally designed to protect the small, family owned ski areas from lawsuits and skyrocketing insurance costs.

Now the Act has been used to insulate the multiple multibillion-­dollar corporations and real estate developers who now own nearly all of Colorado’s ski resorts from liability.

As a recent three-­part series in the Denver Post discussed, ski areas have attempted, in the past, to escape liability for inbound avalanches, ski resort employees plowing into 9 year olds and rotted bridges or buildings injuring skiers/snow­boarders.

However, in recent years, Colorado courts have turned up the heat on the Ski industries attempts to avoid liability. [Read more…]

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Fatal Change of Lanes Prompts Wrongful Death Suit

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highwayYou may have read our recent blog post about the truck driver’s astounding accident free record. We can only hope that truck drivers traveling through dangerous Colorado areas, like on I-70 through the Vail Pass, have similar safety records. Unfortunately, most aren’t so lucky and do not achieve this. While a perfect track record can’t be expected of all drivers, but we expect that truck drivers will drive especially safe with the knowledge that their minor mistake can create a major accident. [Read more…]

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Wrongful Death Suit Only a Snapshot of What Sarah Jones Deserves

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railroad tracks When we think of dangerous jobs a few may come to mind– airplane pilot, sailor, officer in the Army; the list goes on. One that doesn’t come to mind as being dangerous is camera assistant.

Sarah Jones probably didn’t either before Feb. 20, when the 27-year-old camera assistant was killed while working on the site of Midnight Rider. The deadly scene of this low budget film was set on a 110-year-old bridge in Georgia.  Sarah was struck and killed by a train–while simply doing her job. [Read more…]

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Man killed in Colorado Springs during honorary cross-country walk

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Colorado Springs attorneyAs wrongful death attorneys in Colorado Springs, Colorado, we’ve unfortunately experienced our fair share of tragic events.  But what follows is a truly heartbreaking story.

According to a report from KKTV, Mr. Joe Bell, an Oregon resident, was traveling through Colorado as part of a coast to coast walk.  Bell set out on this journey in an effort to memorialize his 15-year-old son who had taken his own life as a result of relentless bullying.

After tragically losing his son, Bell felt he had two choices: he could simply lie down and give up, or, he could do something to ensure his son’s death was not in vain. It was then that Mr. Bell decided he would walk across this great nation spreading his anti-bullying message and sharing his son’s tragic story. [Read more…]

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High teen kills motorcyclist in crash

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car accident attorney Colorado SpringsWhenever a motorcycle and car collide, the accident is almost always more damaging to the motorcyclist. In an accident, a motorcycle provides little protection from the immense weight and power of a car. The injuries a motorcyclist could suffer may change their life forever, or worse, end it altogether.

Sadly, a reminder of this reality came for a teenager in Florida recently, according to a recent report from the South Florida Sun Sentinel. The 16-year-old was driving his friends to the beach when he pulled out a marijuana cigarette, lit it up, and passed it around to other passengers in the car. [Read more…]

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Mother Sues Psychologist Over Toddler’s Death

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NBC News reports: “The mother of a 15-month-old boy who died on a court-ordered visit to his father has filed a lawsuit against the psychologist who sanctioned the visitation.”

Prince McLeod Rams was on his fourth unsupervised visit with his dad, Joaquin Rams, on October 21 when he died. Authorities believe that Rams drowned the toddler to collect his life insurance policy. Rams has been charged with first-degree murder in the boy’s death.

Hera McLeod, the boy’s mother, filed a $20 million lawsuit last week against Margaret Wong, the psychologist who allegedly was “instrumental in a judge’s decision to grant unsupervised visitation of her son…to his father.” The lawsuit claims “professional negligence resulting in wrongful death.”

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Lee County Sheriff Settles Wrongful Death Suit Over Pepper Sprayed Mentally Ill Inmate

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Naples News reports that a wrongful death lawsuit alleging that a mentally ill Ohio man died from repeated sprays with pepper spray has reached a settlement.

Nicholas Christie, 62, was reportedly restrained naked in a chair, deprived of water and toileting, and was exposed to pepper spray 10 times in 43 hours while he was an inmate in Lee County Jail where he was being held for trespassing. Christie, a retired boilermaker, pleaded for mercy, the lawsuit claims, saying he couldn’t breathe. He later died from cardiac arrest.

The inmate’s wife, Joyce Christie, filed a lawsuit against Sherriff Mike Scott, several deputies and nurses, and the jail’s medical provider.

The confidential settlement, which has reached well into seven figures, did not include an agreement to change policies at the jail. But one of Mrs. Christie’s lawyers said that “it would be difficult to imagine that they would continue to expose themselves to such liabilities.”

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Man sued for killing teenager while allegedly texting and driving

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The Salt Lake Tribune reports that the family of a 15-year-old Utah boy has filed a wrongful death lawsuit against the driver who hit and killed the teen. The suit claims that the driver, Jeffery Lloyd Bascom, was texting while driving when he hit Thomas “Tommy” LaVelle Clark.

Police say Tommy and a friend were taking a walk on September 2nd, around 9:00 pm, when Tommy was struck by a Dodge pickup. Bascom was allegedly texting, drifted off the road, and struck the young boy.

Bascom is charged with vehicular homicide and obstruction of justice. According to Utah court records, he has had prior history of traffic violations, including a conviction of driving more than 40 mph over the speed limit.

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Wife of Aurora Theater Shooting Victim Sues Holmes’ Psychiatrist

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The Denver Post reports that Chantel Blunk, widow of Aurora theater shooting victim Jonathon Blunk, has filed a lawsuit against Dr. Lynne Fenton, the Colorado University psychiatrist who was treating the alleged killer, James Holmes.

The suit claims that less than a month before Holmes went on a shooting rampage in the Century Aurora 16 theater that killed 12 people and injured 70 others, he had told Fenton “that he fantasized about [Read more…]

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CO State Patrol to Pay $1 Mill in Wrongful Death Lawsuit

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The Denver Post reports that the Colorado State Patrol has agreed to pay over $1 million to settle a lawsuit over the death of a Grand Junction who was shot and killed by police inside his home.

The ACLU released a media statement saying that Jason Allen Kemp had refused to let state troopers to come into his home in 2010 because they didn’t present a warrant. The lawsuit alleged that the troopers “unjustifiably kicked in” Kemp’s front door, then shot and killed him. [Read more…]

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