--

McDivitt
LAW FIRM

19 E. Omarron Stree
t
Colorado Springs,
CO 80903

CERTIFIED MAILTM/

1 1If l 1 1 1 I h i1 1IAh1 1

9171 9690 0935

0047 395777

Shane White. Esq.

City Attorneys Office
30 South Nevada Aiiuo. Su
ite5(H
Colorado Sprngs, CO 80
9O

Michael W. McDivitt
David E. McDivitt
Durant D. Davidson
Remington W. Fang
Christopher R. Alger
Aaron S. Kennedy
Megan K. Matthews
Leah Y. Hull
Stephen A. Longo
Joe R. Prieksat
Nicole B. Smith

MDivitt
LAW FIRM
June 11,2014

(tJMi

CERTIFIED MAIL
No. 9171 9690 0935 0047 3957 77
Shane White, Esq.
City Attorneys Office
30 South Nevada Avenue, Suite 501
Colorado Springs, CO 80903

Edward Lomena
Steven R. Helling*
Elizabeth A. McClintock
Jeffrey A. Pearson
Alessandra T. Vitale
Brandon P. Friede
Also licensed in California
6
Also licensed in The
District of Columbia
Also licensed in New York
Also licensed in Wyoming
5

ki CCe4k
EtV/1t2( VLQhAJ

J1o

cc

CERTIFIED MAIL
No. 9171 9690 0935 0047 3957 60
Colorado Springs Fire Department
Division of Fire Marshall
375 Printers Parkway
Colorado Springs, CO 80910

r-J

CERTIFIED MAIL
No. 9171 9690 0935 0047 3957 53
Mr. Steve Bach, Mayor
OIflce of the Mayor of Colorado Springs
PC Box 1575
Colorado Springs, CO 80903

Claimant Name:
Date Loss Discovered:
MLF File Number:

Re:

C)
(C)

N)

-O
U)

rfl;
_.

C,,

Patricia Cortez
January 22, 2014
218453 :22320

GOVERNMENT CLAIM NOTICE

PURSUANT TO C.R.S. 24-10-109
CONCERNING THE CITY OF COLORADO SPRINGS, COLORADO
I)ear Sir and/or Maam:
This office represents the interests of Patricia Cortez regarding the death of her husband Pedro
Carreno Arrazola on January 22, 2014, in Colorado Springs, Colorado. This NOTICE OF CLAIM
is being sent pursuant to and in compliance with CRS 24-10-109.
a.

Claimant

Claimants Attorney
Denver omco:
1401 17 St Suite 500
Denver. CO 80202
(P) 3034264878

Coloruo Springs Offlcc

19 5 C,nra,,on Street
Cr.o,ajo Strings. CO 80903
)P) 7194713700
(F) 719471 9782

Pueblo Offico

405 OrSnd. Su,te D

Pueblo, CO 81003
(P) 719 542 3700
(F) 719 542 3701

(F) 3039968569

Personal injury
Social Security
Workers Compensation
www.rncdlvittlaw.com
Toll Free 1.800.630.8804
-

Disability

City Attorneys Office

.June 11, 2014
Government Claim Notice
je2

Durant D. Davidson
McDivitt Law Firm, P.C.
19 E. Cimarron Street
Colorado Springs, CO 80903
(719) 471-3700

Patricia Cortez
813 Marshal Drive
Fountain, CO 80817

b.

The factual basis of the claim is that at, on the referenced date, Mrs. Cortezs husband,
Pedro Carreno Arrazola, aka Pedro Cerreno (hereinafter Pedro) was working for the
Weathercraft Roofing at the time of the subject incident. An individual identifying
himself as the owner of the building directed Pedro and two coworkers to access the
roof and fire escape from inside the building, in order to come down to the lowest
section and attempt to lower it.
Pedro and his two coworkers accessed the fire escape from the roof and descended the
fire escape stairs down to the final section or run which was intended to be lowered
to the alley/street level by way of a pulley system, but which had failed to operate.
Pedro then moved onto the still-elevated section or run of stairs, held onto the fire
escape handrail with his hands and jumped up and down on that section or run of
stairs in an attempt to get it to lower. At that time, the pulley system failed, dropping
rather than lowering, the last section or run of stairs to the alley/street below and
throwing Pedro from the upper part of the stair section headfirst into the bottom of the
stairs, causing him fatal injury.

c.

The name and address of the known public employee involved is: Colorado Springs Fire
Department, Division of the Fire Marshall.

d.

The nature and extent of the injuries sustained are multiple and include, but are not limited
to physical injuries to Ms. Cortezs as well as pain and suffering, inconvenience, loss of
enjoyment of life, and possible permanent impairment.
,

e.

In order to preserve her maximum claim benefits pending final medical diagnoses,
Patricia Cortez is demanding $150,000.00, or the maximum allowed by law, which ever is
greater, as the amount of monetary damages for purposes of this statutory notice.

Ms. Cortez claims that the Colorado Springs Fire Department, conducted fire inspections
of the building located at 31 N. Tejon Street. Upon information and belief, the Colorado
Springs Fire Department knew or should have known that the exterior fire escape for the
subject building did not comply with building and fire codes before the incident of
January 22, 2014. Upon information and belief, the Colorado Springs Fire Department
was responsible for notifying all property owners of any fire escapes that did not comply
with building and fire codes. The Colorado Springs Fire Department failed to notify the
property owner or property manager of any deficiencies in the exterior fire escape for the

Colorado SprIng. Office:

19 2 C,ionrron Street
5. CO 80903
0
Colorado Sprrn
P) 719471 3700
IF) 719 $71 9782

Personal

Denver Office:

Pueblo Office:

1401 17 St. Suite 500

Denver, CO 80202
(P)3034264878
(F) 3039968569

409 Grand. Suite 0

Pueblo, CO 81003
(P) 719542 3704)
(F) 719 542 3701

injury - Workers Compensation - Social Security

Toll Free 1.800.530.8804 www.mcdivittlawcom

Disability

City Attorneys Office

June 11,2014

Government Claim Notice

Page 2
subject builing.

g.

Ms. Cortez claims that City is liable to the extent claimed herein based on the theory of
Respondeat Superior, in that Colorado Springs Fire Department (and any other employees
yet to be determined) was an agent, servant andlor employee acting within the course and
scope of his employment for the City at all times alleged herein.

This may have been the approximate cause of Pedros death.

Respectfully submitted this

1h
11

day of June, 2014.

McDIVITT LAW FIRM, P.C.

Durant D. Davidson
19 E. Cimarron Street
Colorado Springs, CO 80903
DD D/lt

Pueblo Office:
409 Grand, Suile 0
Pueblo, CO 81003
(F) 719542 3700
(F) 7195423701

Denver Office:
1401 17 St.. Suite 500
Denver. CO 80202
(P) 303.4264878
(F) 303.996.8569

CoIordo Springs Office:

19 5 C:naon Sired
rJo Sp,,ngs. CO 80903
(F) 719 471 3700
(FI 719471 9732

Personal

Social Security
Workers Compensation
Injury
Toll Free 1.800.530.8804 www.mcdlvlttlaw. corn

Disability