APRIL, 2007
5280 Magazine and Super Lawyer Magazine
Congratulations to Paul Cooper, Kay Rice and John Clough who were voted Super Lawyers of Colorado in the April 2007 issues of 5280 Magazine and Super Lawyers Magazine.

Ballots for voting were mailed to the over 13,000 active lawyers in Colorado with 5 or more years of practice to nominate the best attorneys they have personally observed in action. The group called Law and Politics then conducted interviews, independent research, data verification and good standing reviews of the nominees. Only the top 5% of the lawyers nominated were named Super Lawyers.

LISA LEASURE and PAUL FARACI won a defense verdict for their client, a physician specializing in Physical Medicine and Rehabilitation, in the El Paso district Court after a six day jury trial. Plaintiff alleged that the Defendant physician was negligent in failing to properly identify and treat a post-operative infection following her hip arthroplasty procedure. Plaintiff claimed economic and non-economic damages exceeding $1,000,000. The jury deliberated less than two hours before rendering their verdict in favor of the Defendant physician. Congratulations to Lisa and Paul on a job well done.

PAUL COOPER was victorious in his defense of Dr. Dennis M. Weisbrod in a medical malpractice case brought by Plaintiff Jenifer Vasquez individually and as Parent and next Friend of Joshua Gherke, a minor. Plaintiff alleged the Defendants including Dr. Weisbrod were responsible for causing alleged brain damage to Joshua Gherke and sought $20,000,000. After almost four weeks of trial the jury unanimously found a verdict for Dr. Weisbrod. Plaintiff’s counsel were James Leventhal and Lorraine Parker of the firm of Leventhal, Brown and Puga, P.C.

Another victory was won by KAY RICE and BETH NESIS. They represented neurosurgeon, Dr. Denise Crute who allegedly negligently performed neck fusion surgery on Plaintiff Brenda Felthager. Brenda Felthager demanded $750,000 and her husband Jack Felthager demanded $125,000 in settlement. No offers were made by Defendants. After two weeks of trial, the jury unanimously found in favor of our client, Dr. Crute. Plaintiff’s attorneys were James Puga and Daniel Lipman of Leventhal, Brown and Puga, P.C.

LARRY MCCLUNG and WENDY LEWIS represented Harsco Track Technologies and, under an indemnity agreement, Burlington Northern and Santa Fe Railway Company in an FELA case against BNSF. Plaintiff Antonio Arrelano, an employee of BNSF was a pilot/passenger in a Harsco switchgrinder that ran into a welding truck on the track as it came down Raton Pass. Plaintiff demanded $900,000 in settlement. The Defendants made a joint offer of $144,000. The Court directed a verdict for Harsco and the jury found against BNSF in the amount of $100,000 which was reduced to $17,000 by subtraction of Plaintiff’s 83% fault. Plaintiff was represented by Minneapolis lawyer, Charles Hvass and Jay John Schnell of Schnell and D’Antuono of Denver.

DEANNE POTESTIO and PAUL COOPER received a Defense Verdict in a wrongful death case against a general surgeon, Dr. Ruediger F. Bracht where Plaintiffs Charles and Marlene LeClaire alleged their 18 year old son died as a result of alleged failure of the doctor to appreciate sepsis and failed to prescribe an appropriate course of antibiotics in light of his condition at admission to the ER. Defendant introduce evidence that the patient’s clinical course at home before admission and the findings contained in the autopsy report were consistent with an overdose of narcotic pain medicine. Plaintiffs’ settlement demand before trial was $591,250. Defendant made no offer of settlement. Plaintiffs counsel were Steven Shapiro of Fleischman & Shapiro and Ruth C. Malman of Ruth C. Malman P.C.