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  • The Civil Lawsuit Filed by The Family of Curtis Littlepage

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    Allison Sylte
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    The civil lawsuit filed by the family of Curtis Littlepage, who was killed while riding his motorcycle in Grand Junction by a repeat DUI offender.

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    The civil lawsuit filed by the family of Curtis Littlepage

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    The civil lawsuit filed by the family of Curtis Littlepage, who was killed while riding his motorcycle in Grand Junction by a repeat DUI offender.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    750 Ansichten28 Seiten

    The Civil Lawsuit Filed by The Family of Curtis Littlepage

    Hochgeladen von

    Allison Sylte
    The civil lawsuit filed by the family of Curtis Littlepage, who was killed while riding his motorcycle in Grand Junction by a repeat DUI offender.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 28
    DISTRICT COURT, MESA COUNTY, COLORADO DATE FILED: Janay 17, 2019 10:44 PM Court Adéress: 125 N Spruce Steet FILING ID: F4sbsq9200951 Grand Junction, Colorado 81501 Nee Plaintift: Anita Litlepage, Individually and asthe Personal Representative of ‘The Estate of Cuts Patrick Ltepage, Paik Litlepage, COURT IRE ONLY Individually Defendant: Colorado Probation 21" Judicial Dist, Case No, ‘Mesa County Pretrial Services, Caisha Lee King, Kevie Clayton; (Chelsa Daughtey, Eileen Kinney, John Doe-NTB, Linda Robinson, ‘Mike Garcia, Rebecca Tate, Sher Hufford, Whitney Nad, nd ‘William Ricbel in their official capacity as agents andemployees of| Colorado Probation 21" Judicial District and Mese County Prete Services ‘Attomey: —Breann J. Pasters, Eq [pivsion: Courtroom: ‘Amy E. Gaiennie, sq, Name: ‘The Gaiennie Law Office, LLC ‘Address: 3801 F Florida Avenue, Suite 310 Denver, Colorado 80210, Phone Number: (303)485-5030 Fax Number: (303}455-0805 Email: Breann@amyglav.com ‘Alty Reg. No: 49602 (Breann J, Plsters) 24561 (Amy E, Gaiennie) ‘COMPLAINT AND JURY DEMAND. ‘Comes now, Plaintiffs Anita Littlepage, Individually and as the Pecsonal Representative of The Estate of Curtis Patrick Litlepage, Patrick Littlepage, Individually, by and through their attomeys, the Gaiennie Law Office, and for their causes of ation against Defendants, alleges as follows: prabation..Fort-seven tess worth including ‘methamphetamine positives, marijuana positives, blatant mised tess. Iwas fold that because he had "felony and be wasn't felon tht they actully give them alte ito extra rope because they don't ‘want fo take someone's felony vay. True story.” ~Deputy District Attorney George Holley at entncing Hearing in 201SCRASS (Dee. 17,201) attached ere as INTRODUCTION This case centers around the death of Curtis Litlepage on January 19, 2018. On January 19, 2018, Kevin Clayton, a 41-year old Mesa County resident on probation for felony assault among other charges, left his probation appointment, got behind the wheel of his gilitiend’s ear, and negligently mode a left-hand tur in front ofthe decedent Curtis Littlepage. Curtis Litlepage, 35-year old Mesa County Colorado resident, motorcyclist, and combat veteran, died at St. Mary's Hospital shortly after the accident "Lu Cunt Linlepage in his offical U.S. Marine Crs. port. Cui Linlepoge Inhisnece and goddauhur, Tylor Lisepage. Asalleged with particularity below, each Defendant named herein committed conducts egregious to warrant the claims inthis Complaint, and defendants, individually and collectively, caused the death of Curtis Litlepage. The Probation Department ofthe 21s Judicial District and Mesa County Pretrial Services (PTS) (hereinafter collectively "Mea County Probation”) commited negligancs, negligence per st, and negligence resulting inthe wrongful death of Curis Litlepage. Individual probation officers and supervisors, Officer Chelsa Daughter, Eileen Kinne, John Doe-NTB, Linda Robinson, Mike Garcia, Rebecca Tate, Sherr Hufford, Whitney Ward, and Wiliam Riebe filed in their duties as agents and employees of Mesa County Probation when they failed to properly supervise defendant Clayton. Defendant Caisha Lee King, Defendant Clayton's icfiend, ‘knowingly and wilfully entrusted Defendant Kevin Clayton with her vehicle. And Kevin Clayton drove negligently, resulting inthe death of Cutis Litlepage an action for which he snow serving a 12-year sentence with the Colorado Department of Corrections. Final Order of Judgment and Mitimus, People ofthe St of Colo». Clayton. Kevin Davi, 2018CROOO444, December 17.2018, attached hereto as Exhibit 2. ‘This pleading along with its exhibits is voluminous, and the length and depth is reflective of the of the overwhelming amount of evidence already in Plaintiff" possession proving the claims herein, Plaintiffs plea this court to enter judgment in their favor. 1. JURISDICTION AND VENUE 1. Venue is proper in Colorado District Court in Mesa County pursuant to the Colorado Constitution Art. 6, §9 and C.RLCP. 98(c)5), asthe events giving rise to Plaintiis’ claims occurred in Mesa County. The ident giving rise to this action occured at the intersection of Paterson Road and 29 Road in Grand Junction, Mesa County, Colorado, Upon information and belie, the conduc ofall defendants alleged herein ocurred within the bounds ‘of Mesa County, Colorado 2 Plaintiff Anita Litdepage i the Personal Representative ofthe esate of decedent ‘Canis Litlepage, and therefore has authority to file this action on behalf ofthe Estate of Cuts Livtepage. See2018PRO30040. 3. Prior to fling this Complain, Plaintiff complied with all edninistative ‘prerequisites including providing proper notice under the Colorado Governmental Immunity ‘Act. CRS. §24-10-108, 4. This Court has personal jurisdiction over Defendant King and Defendnt Clayton as both are residents ofthe State of Colorado, 5. Upon information and belie, Colorado Probation 21* Judicial District and Mesa County Pretrial Services are goverament entities inthe State of Colorado. 6 Upon information and belie, Defendants Chelse Daughtery, Eileen Kinne, John oe-NTB, Linda Robinson, Mike Garcia, Rebecea Tae, Sherr Hufford, Whitney Ward, and ‘William Ricbel are sl employees and agents of Colorado Probation 21st Judicial District and ‘Mesa County Pretrial Services. m ADMINISTRATIVE PREREQUISITES Government Immunity and Notice 7. ‘The Colorado Government immunity Act (CGIA) distinguishes between public ‘nttes and public employees with respect to their immunity from claims that le in tor. Public ‘entities enjoy sovereign immunity for tort claims unless a specific statutory exception is met. ERS. § 24-10-106(1N2H4i. & In contrast, the immunity provision for public employees does not contain specific statutory exceptions, See CRS. § 24-10-118. Rather, public employees are immune from lability for tor: claims untess their actor omission was willfil and wanton. CRS. § 24- 10-118(1, see also CRS. § 193-309. LJ. v. Carricato, 413 P.3d 1280, 1287 (Colo. App. 2018). 9. Plainiffs contend that the conduc of the govemument defendants rises tothe level -of willful and wonton conduct, and Plantifs may therefore assert suit following notice. 10, ‘The CGIA requires notice tobe served tall state government defendants within 182 days of the claim arising pursuant to C.RS. § 24-10-109, 11, Plains were unaware ofthe conduc of Mess County Probation and is agents an employees and any potential claims stemming from this conduct until September 7, 208, the date on which Kevin Clayton pled! guity o Vehicular Homicide in 2018CR444, Driving under the Influence in 2018CRA4, Cacess Diving in 20187739, Leaving the Scene of the Accident in 20187739, and all defered counts in 2014CRISI0, Evidence pertaining tothe conduet ofthe govemment Defendants was read aloud by the Court and District Attorney. 12, Many of the pleadings in 2018CR444 against Kevin Clayton including the ‘Amended Complaint noting the conduct of the goverment defendants remained suppressed until Kevin Clayton’s Sentencing Hearing on December 17, 2018.! 13, The 21" Judicial District Attomey's office properly withheld information from Plaintiffs uni ster Defendant Clayton's sentencing hearing on December 17, 2018, Until this date Plaintiffs were unaware of the breadth of potential claims against government defendants. 14, 182 days from the date Plaintiffs were aware ofthe governmental claims is June 17,2019, and therefore Plaintiffs are not required to provide notice until June 17, 2019. CRS. § 24-10-109(1). However, in an abundance of caution, Plaintiffs served proper and adequate notice pursuant to the requirements of C.R.S. § 24-10-109 on November 7,2018. See CGIA ‘Notice Documentation, hereinafter Exhibit 4 15, The statute of limitations for a motor vehicle personal injury case is 3 years, See: CRS. § 13-80-102, However, the limit is reduced to 2 years in cases alleging wrongful death, Aberkalns y. Blake, 633 FSupp. 2d 1231, 1235 (D. Colo, 2008). Additionally, there is an exception tothe 2 year wrongful death statute of limitations under CRS. § 13-80-103(1)(@), ‘hich stats in part “all actions against sheriffs, coroners, police officers, firefighters national guardsmen, or any other law enforcement authority must commence within one year.” [emphasis added) 16, Recently, the Colorado Supreme Court noted that, like a law enforcement officer, a juvenile probation officer is a peace officer under Colorado law. People ». Casillas, 2015 COA 15, 442, revd and remanded, 427 P.3d 804 (Colo. 2018)(Webb, J. dissenting), Casillas "he al want from both the September 7th and December 7 hurngs ar atashed hee a abit 3 and Exhibit respectively. 1 People, 427 P34 804,811 (Colo. 2018), rh'g denied (Oct. 15,2018). Ths, an abundance ‘of caution, and under the assumption that probation officers may be considered law enforcement authority under C.R.S. § 13-80-103(1)(c), Plaintiffs are filing this suit within one year of the date of death of decedent, Cutis Littepage Iv. PARTIES 17, Curtis Patrick Litlepage, the decedent, at all imes pertinent to his action was a citizen of the United States and a resident ofthe State of Colorado, Mesa County. Curtis Littepage died unmarried and had no children 18, Paine Anita Litlepage isthe parent and mother of deceased, Cus Litepage, and at allies relevant to this action was cizen ofthe United States anda resident of Mesa County, Colorado, Shei personal representative forthe Est of Curtis Litepage. Se generally, 2018PR030040, 19. Plain Pack Litlepage i the parent and futher of deceased, Curtis Litlepage, anda allies relevant this action was a ctzen ofthe United States anda resident of Colorado 29. Defendant Colorado Probation 21" Judicial District is the i the judicial arm of ‘Colorado Probation in Mese Coun, Colorado, Linda Robinson is the Chet Probation Omcer for Colorado Probation 21* Judicial District, 21, Defendant Mesa County Pretrial Services (PTS) provides services to the local criminal justice system in an effort to Keep jail cots down and maintain pubic safety. PTS provides information abou defendants housed in the Mesa County Detention Facility (MCDF) who have been arrested and charged with crimes, and PTS supervises approved defendants released from the MCDF as a condition of Personal Recognizance Bond. 22. Defendants Colorado Probation 21% Judicial District and Mesa County Pretrial Services both appear to administer and supervise defendants released on probation and under the conditions of personal recognizance bonds, The relationship between Colorado Probation of the 21* Judicial District and PTS is unclear, as isthe relationship of PTS and Colorado Probation of the 21* Judicial District to each individual Defendant named tercin. For the purpocee of thie complaint, Mesa County Pretrial Services and Colorado Probation 21% Judicial District are collectively refered to as “Mesa County Probation.” 23. Defendant Caisha Lee King isthe self-identified girlftiend of Defendant Kevin Clayton. Upon information and belief, Defendant King i a citizen of the United States and a resident of Mesa County, Colorado at 1075 Unaweep Avenue, Grand Junction, Colorado 81503-1865, 24, Defendant Chelsa Daughtery was, at all times relevant, an employee and agent ‘of Mesa County Probation, and supervised the probation of Defendant Kevin Clayton. Upon information and belief, Chelsa Daughtery isa citizen of the United States and a resident of Colorado, 25. Defendant Eileen Kinney is the Mesa County Division of Probation Senior Manager and a Correctional Treatment Board Member representing the Colorido Division of Probation Services. Atal times relevant, Defendant Kinney was an employee and agent of Mesa County Probaticn, and reported dirctl to Director Mike Garcia. Upon infarmation and bli Eileen Kinney ita citizen ofthe United States anda resident of Colorado. 26, Defendant John Doe-NTB was, at all ines relevant, an employe and agent of Mesa County Frobation and supervised the probation of Defendant Kevin Clayton. Upon information andbelief, John Doe-NTB is a citizen of the United States and a resident of Colorado, 27. Defendant Kevin Clayton isa citizen of the United States and a resident of Mesa County, Colorado. Kevin Clayton was convicted of vehicular homicide forthe death of Curtis Littlepage, among other charges, in 2018CR444 and is currently serving a 12-year sentence in the Colorado Department of Corrections. See Exhibit 2. 2. Defendant Linda Robinson isthe Mesa County Chief Probation Officer. At all times relevant, Defendant Robinson was an employee and agent of Mesa County Probation, Upon information and belief, Linda Robinson is a citizen ofthe United States and a resident of Colorado, 29. Defendant Mike Garcia isthe Director of the Division of Probation Services in Colorado. Atall times relevant, Defendant Mike Garcia was an employee and agent responsible forthe supervision of employees and agent of Mesa County Probation. Upon information and belief, Mike Garcia isa citizen of the United States and a resident of Colorado. 30, Defendant Rebecca Tate was at all times relevant, an employee and agent of ‘Mesa County Probation and supervised the probation of Defendant Kevin Clayton. Upon information sn belie, Rebevex Tate isa vtizen of the United States and x resident of Colorado. 31 Defendant Sherri Hufford isthe Division of Probation Services Evaluation Unit Manager and an employee and agent responsible forthe supervision of employees and agent of Mesa County Probation, Upon all information and belief, Sheri Hufford is citizen of the United ‘States and a resident of Colorado. 32. Defendant Whitney Ward was at all times relevant, an employee and agent of ‘Mesa County Probation and supervised the probation of Defendant Kevin Clayton. Upon information and belief, Whitney War is a citizen ofthe United States anda resident of Colorado, 33, Defendant William Riebe is the Mesa County Probation Supervisor. Atall times relevant, Defendant Riebel was an employee and agent of Mesa County Probation with supervision authority. Upon information and belief, William Risbel isa citizen ofthe United States and a resident of Colorado Death of Curtis Litlepage 34. At approximately 5:50 PM on January 19, 2018, Curtis Litlepage was traveling ‘eastbound on Patterson Road in Grand Junction, Colorado on his custom Harley Davidson ‘motoreyele. 38. Defendant Kevin Clayton, operating a 2002 Ford Taurus, traveling westbound on Patterson Road, failed to yield the right of way to Curtis Littlepage. He made an illegal left-hand ‘tum onto southbound 29 ¥ road in Grand Junction, Colorado, 36 ‘The 2002 Ford Taurus (Colorado License Plate NQF973) driven by Defendant Kevin Clayton was owned by Defendant Caisha Lee King. 2”. On January 19, 2018, Kevin Clayton did not have a valid driver's license. See “Culunady Motor Vehicle Recor" of Kevin Clayton, atached hereto as Exbibit 5. 38 Defendant King knew that Kevin Clayton di at have a valid drive's iense 38. Defendant King wilingly allowed Defendast Clayton to use and operate her vehicle 40. Defendant Clayton eolided with Curtis Litlepage and his motoreyele at the intersection of Patterson and 29 % road in Grand Junction, Colorado. 41 ‘According to witnesses and police narratives, Cutis Litlepage hit his breaks and laid his bike down on the pavement in an attempt to avoid the collision See “Traffic Accident Report” attached hereto as Exhibit 6 42 Upon information and bli, there are atleast thre videos of he cas, a east ‘one 911 eal recording ofthe crash, and numerous 911 cals and police and paramedics recordings

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