Personal Injury Litigation
About Personal Injury Cases
The lawyers at Garlin Driscoll have successfully represented plaintiffs in a broad range of serious injury and death cases over a period of more than twenty years, including:
- Negligence
- Defective Products
- Insurance Bad Faith
- Sports Injuries
- Loss from Fire or Flood
- Toxic Torts
- Wrongful Death
- Auto Accidents
- Premises Liability
- Workers' Compensation
- Traumatic Brain Injury
- Hazardous Substances
- Aviation Accidents
- Skiing Accidents
- Property Damage
- Injury by Equipment
The firm has repeatedly demonstrated an ability to obtain excellent results for clients through jury trials and appeals, and through mediation and negotiation.
Two of the firm's lawyers, Alexander Garlin and David Driscoll, have co-chaired the Medical-Legal Section of the Boulder County Bar Association. Firm members have published articles in legal publications, including the Colorado Trial Lawyer Association's Trial Talk, and lectured to groups of lawyers and health care providers on topics related to insurance, medicine and the law.
Notable Cases
Bashline v. Suh, Boulder County District Court
- David Driscoll and Sarah Croog represented a bicyclist severely injured in a head-on collision with another bicyclist on a multi-use path in the City of Boulder. Both cyclists sued each other, arguing that the other’s negligence caused the bicycle accident, and seeking compensation under the other’s homeowner’s insurance coverage. David and Sarah worked with a respected accident reconstruction engineer in preparing their case. The case settled prior to trial on positive terms for David and Sarah’s client. The precise terms of the settlement agreement are confidential.
Phan v. Cowden
- In this personal injury action, David Driscoll represented a Boulder County woman who suffered catastrophic injuries in an intersection automobile collision near Longmont, Colorado. David's work on the case received favorable mention in the ATLA Reporter, a publication of the Association of Trial Lawyers of America, in 2001.
Moquin-Gomez v. Horace Mann Insurance Company, et al., Boulder County District Court.
- David Driscoll and Laura Moore recover $250,000 for a 40-year old Broomfield, Colorado woman in an insurance bad faith lawsuit against the woman’s own auto insurer. The case involved claims that that the insurer, which was responsible for the payment of the woman’s medical expenses after an auto collision, unreasonably delayed a needed low back surgery. The settlement followed depositions taken by David of insurance company adjusters and a supervisor in Houston, Texas. (All cases are different and the firm does not mention this result to guarantee similar results in other cases.)
Loza v. State Farm Mutual Automobile Insurance Company, 970 P.2d 478 (Colo. App. 1997)
- In this insurance bad faith case, Alexander Garlin and David Driscoll represented a Boulder County woman in claims against her own insurance company for its denial of medical benefits related to injuries that she suffered in an automobile accident. The Colorado Court of Appeals decision in this case, which followed a favorable jury verdict, including punitive damages, is one of the leading decisions in Colorado dealing with wrongful withholding of benefits by an insurer for an alleged pre-existing condition.
Sigman v. Rocky Mountain Helicopters, Inc., Denver District Court.
- In this wrongful death action, David Driscoll represented the surviving spouse of a Flight For Life nurse who was killed in a highly publicized helicopter crash on Huron Peak during an attempted mountain rescue at 11,000 feet. The case involved complex liability issues, proceedings related to the bankruptcy of Rocky Mountain Helicopters, Inc. and subrogation claims and defenses related to the defendant's workers' compensation carrier's subrogation claims.
Schmidt v. Lee, et al., Weld County District Court, Colorado.
- In this wrongful death case, David Driscoll represented the surviving spouse of a 36-year old Weld County farmer who was killed in an intersection auto collision in 1998 caused by a drunk driver, who also died in the crash.
Complex Product Liability
Asia Pacific Flowers, Inc., et al. v. E.I. Du Pont de Nemours and Co., Inc. et al.
- In these complex product liability actions, David Driscoll and Alexander Garlin participated in a three-year, eleven-lawyer effort to secure crop damage compensation for a group of 35 nurserymen and farmers in claims against the manufacturer a fungicide that had been applied to their plants and crops. The cases involved more than a million pages of documentation and depositions in nine states and the District of Columbia.
In the addition to the foregoing, over the past twelve years the Firm has developed a particular interest in and experience with cases involving traumatic brain injury. These cases typically present complex issues of medicine, neuropsychology and psychology and require a level of risk, expense and preparation that exceeds the requirements of other personal injury cases.
