Chorak v. Union Pacific Railroad Company

Filing 90

FINAL JUDGMENT by Clerk in favor of Jeffrey Chorak against Union Pacific Railroad Company entered by Judge Wiley Y. Daniel on 2/9/16. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02438-WYD-CBS
JEFFREY CHORAK,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, a foreign corporation,
Defendant.

FINAL JUDGMENT

THIS MATTER came before the Court and a jury of ten duly sworn to try the matter on
February 1, 2016, the Honorable Wiley Y. Daniel, Senior United States District Judge, presiding.
On February 5, 2016, the jury returned its verdict as follows:
Verdict Form

We, the Jury, being duly impaneled and sworn to try the above-entitled case,
unanimously find the following answers to the questions submitted by the Court as
follows:
Premises Liability Claim
1.
Has Plaintiff Jeffrey Chorak proven by a preponderance of the evidence
his claim of premises liability against the Defendant Union Pacific?
Answer “yes” or “no” below.
Answer: Yes

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IF YOU ANSWERED “YES” TO THE PREVIOUS QUESTION, PLEASE
IMMEDIATELY PROCEED TO QUESTION 2. IF YOU ANSWERED “ NO”, TO THE
PREVIOUS QUESTION, YOU HAVE FOUND THE DEFENDANT NOT LIABLE FOR
PLAINTIFF’S CLAIM OF PREMISES LIABILITY. PLEASE PROCEED TO THE END
OF THE VERDICT FORM ON PAGE 4. SIGN AND DATE FORM ON PAGE 4.
2.

Was Plaintiff Jeffrey Chorak negligent?

Answer “yes” or “no” below.
Answer: Yes
3.
Was Plaintiff Jeffrey Chorak’s negligence, if any, a cause of his own
claimed damages, injuries or losses?
Answer “yes” or “no” below.
Answer: Yes
4.

State your answers to the following questions relating to the Plaintiff's

damages that were caused by the failure to use reasonable care of the Defendant,
whether the damages were also caused by the negligence, if any, of the Plaintiff or
anyone else.
a. What is the total amount of Plaintiff Jeffrey Chorak’s damages, if any,
for noneconomic losses or injuries excluding any damages for physical impairment or
disfigurement? Noneconomic losses or injuries are those losses or injuries described in
numbered paragraph 1 of Instruction No. 30. In computing the amount of the plaintiff's
noneconomic losses or injuries, you must exclude those amounts that you are
instructed to exclude in Instruction No. 30. You should answer "0" if you determine
there were none.
Answer: $30,750.00

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b. What is the total amount of Plaintiff Jeffrey Chorak’s damages, if any,
for economic losses or injuries excluding any damages for physical impairment or
disfigurement? Economic losses or injuries are those losses or injuries described in
numbered paragraph 2 of instruction No. 30. You should answer "0" if you determine
there were none.
Answer: $13,800.00
c. What is the total amount of Plaintiff Jeffrey Chorak’s damages, if any,
for physical impairment or disfigurement? You should answer "0" if you determine there
were none.
Answer: $5,300.00
Answer the following question 5 only if your answer to all four previous questions
1, 2, 3, and 4 is "yes."
5.

Taking as 100 percent the combined failure to use reasonable care of the

Defendant and the negligence of Plaintiff Jeffrey Chorak that caused the Plaintiff Jeffrey
Chorak’s injuries, damages, or losses, what percentage was the failure to use
reasonable care of the Defendant and what percentage was the negligence of Plaintiff?
Answer:
Percentage charged to Defendant Union Pacific

67.5%

Percentage charged to Plaintiff Jeffrey Chorak

32.5%
Must Total 100%

PLEASE SIGN AND DATE THIS VERDICT FORM
IT IS THEREFORE

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ORDERED that judgment is hereby entered in favor of Plaintiff, Jeffrey Chorak, and
against Defendant, Union Pacific Railroad, in the total amount of $33,648.75 on Plaintiff’s
premises liability claim. It is further
ORDERED that post-judgment interest shall accrue on the total amount of $33,648.75 at
the legal rate of 0.52% per annum from the date of entry of judgment. It is further
ORDERED that Plaintiff shall have its costs by the filing of a Bill of Costs with the Clerk
of this Court within fourteen (14) days of entry of judgment, and pursuant to the procedures set
forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado this 9th day of February, 2016.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK

/s/ Robert R. Keech
Robert R. Keech,
Deputy Clerk

APPROVED AS TO FORM:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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