Arrington v. Born-n-Raised, Inc. et al

Filing 51

ORDER denying 38 Plaintiff's Motion for Reconsideration, by Judge Lewis T. Babcock on 11/29/2012. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Lewis T. Babcock, Judge
Civil Action No. 12-cv-00172-LTB-KLM
TROY R. ARRINGTON, II,
Plaintiff,
v.
TIMOTHY R. CHAVEZ,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________

This case is before me on Plaintiff’s Motion for Reconsideration [Doc # 38]. After
consideration of the motion, all related pleadings, and the case file, I deny Plaintiff’s motion.
By Order dated October 16, 2012, I denied Plaintiff’s Motion for Leave To Amend
Complaint to Add Claim for Exemplary Damages on the basis that there was insufficient
evidence that Defendant engaged in outrageous or willful and wanton conduct in connection
with the automobile accident at issue in this case. See Doc # 34. To overcome this conclusion,
Plaintiff now presents evidence purportedly showing that Defendant may have been using a nonhands-free cell phone to check his voicemail messages at or around the time of the accident.
Even assuming that this was the case despite significant flaws in Plaintiff’s argument,
Defendant’s use of a cell phone as alleged does not demonstrate the requisite outrageous or
wanton and willful conduct to support a claim for punitive damages against him.

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Reconsideration [Doc # 38] is
DENIED.

Dated: November

29 , 2012 in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE