$18.5 Million Damage Award in Drunk-Driving Case
Jim Chalat of Chalat Hatten & Koupal PC leads victorious Denver, Colorado Legal Team
Important legal precedent established, holding passenger and vehicle owner responsible.
(Denver, Colo.) March 3 - Chalat Hatten & Koupal PC of Denver, Colo., announced today that their clients, Paul and Pam won an $18.5 million verdict and judgment in a drunk-driving case. The judgment WAS entered against the drunk driver, the passenger who allowed the intoxicated driver to get behind the wheel, and the owner of the vehicle.
The trial court found that on January 8, 2008, Kevin Ruszkowski and Justin Guy, both of Denver, decided to take the Guy family Jeep Cherokee on a drive to the Colorado mountains. At about 5:00 PM they were on Virginia Canyon Road in Idaho Springs, a small town located miles 33 miles west of Denver. Ruszkowski admitted to have been drinking since before noon on that day, and had been drinking whiskey and beer while driving the Jeep that afternoon. Ruszkowski and Justin Guy had stopped the Jeep while on Virginia Canyon Road to smoke marijuana. At one point, while on the Virginia Canyon Road, Ruszkowski had run the jeep into a ditch. While trying to back the jeep out of the ditch, both Ruszkowski and Justin Guy were warned by a passerby that it was dangerous to drink and drive on Virginia Canyon Road. After getting the car out of the ditch, Ruszkowski again got behind the wheel. He was driving down the road, and entered residential Idaho Springs. There, he lost control of the jeep. The jeep veered onto the residential property owned by Mr. & Mrs. Savage. At the time, Paul Savage, age 44, was outside his home changing the oil in his wife's car. After veering onto the Savage property, the jeep ran over and crushed Mr. Savage's pelvis. The jeep then became airborne, and smashed into the Savages' home.
Mr. Chalat, lead counsel for plaintiff Paul Savage, said the impact crushed Mr. Savage, leaving him a functional paraplegic. Pam Savage, Paul's wife, was in the house at the time of the accident. Both Ruszkowski and Guy fled the scene but were apprehended by law enforcement a short time later.
The case was tried to the bench before Clear Creek District Court Judge Russell Granger; the order and judgment were entered Feb. 17, 2010. At the trial, Justin Guy contended that the alcohol and marijuana had been provided by Ruszkowski, and that Justin Guy's admitted negligent entrustment of the jeep to Ruszkowski was a minimal cause of the incident. Randall Guy argued that the use by Justin and Ruszkowski of the jeep was without his permission, and thus that the family car doctrine would not impute the damages to him as the jeep's owner.
Judge Granger disagreed, and found that Justin Guy was jointly and severally liable for the entire damages judgment under Colorado's civil conspiracy statute. The Court held that the jeep's owner, Randall Guy, was vicariously liable for the entire damages award, under Colorado's family car doctrine. Judgment therefore entered for $16.5 million in damages against the driver, Kevin Ruszkowski, 24; the owner of the Jeep, Randall Guy; and Guy's son, Justin Guy, 20.
Judge Granger assessed Ruszkowski an additional $1 million in punitive damages for "driving the Jeep while drinking and smoking marijuana and for fleeing the scene of a collision amid the screams of his victims." The court entered another $1 million in punitive damages against Justin Guy. Judge Granger noted that Justin Guy permitted Ruszkowski to drive his Jeep despite knowing that Ruszkowski had his driving privileges suspended, and that he had been drinking and smoking marijuana all day.
"Drunk driving is a scourge on our community;" Chalat said. "We asked the court to enter a precedent-setting exemplary damages award against Ruszkowski and Justin Guy, in order to punish them and to set an example for others in an effort to deter similar behavior. Ruszkowski was obviously drunk and stoned, and a danger on the road. Justin Guy nevertheless handed him the keys and let him get behind the wheel."
Mr. Chalat noted that Mr. Savage has already incurred more than $4.3 million in medical bills and expects to have another $4.9 million in medical expenses over the rest of his life. The court award includes $5 million for Mr. Savage's physical impairment and disfigurement.
Evan Banker, who is an associate at Chalat Hatten & Koupal, and Richard Kaudy, of Kaudy Law Firm also served as co-counsel for the plaintiffs.
In criminal proceedings arising from the accident, Ruszkowski pled guilty to vehicular assault/DUI and leaving the scene of an accident. He was sentenced to six years on vehicular assault/DUI and four years on leaving the scene. The sentence was later reduced to four years of intense supervised probation after he successfully completed boot camp. Justin Guy was convicted of obstructing government operations and sentenced to 40 hours of useful public service and 12 months of unsupervised probation.
A coverage case against the insurer of the jeep is pending in federal court. The insurer declined to settle the case against Randall Guy, and Justin Guy, for their policy limits of $25,000.00.
Chalat Hatten & Koupal attorneys have more than 75 years of combined experience handling complex personal injury cases involving catastrophic injury. The firm's attorneys represent individuals throughout Colorado who have suffered serious personal injuries because of the negligence of others. The firm has a published record of million dollar judgments and settlements.
For copies of documents relating to the case, please contact Mrs. Chalat.
Mendakota Insurance Company v. Paul Savage and Pam Savage, et al., v. Ruszkowski, et al.
Clear Creek County District Court, Colorado
Civil Action No. 2008CV104
The Hon. Russell Granger, presiding
Chalat Hatten & Koupal
Linda J. Chalat, Esq.
Chalat Hatten & Koupal PC
1900 Grant Street, Suite 1050
Denver, Colorado 80203
303.861.1042
lchalat@chalatlaw.com
www.chalatlaw.com
