Free Proposed Findings of Fact - District Court of Colorado - Colorado

Case 1:04-cv-00591-MSK-BNB

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Filed 07/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0591-mk-bnb

MELANIE LAND, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant.

JOINT GLOSSARY OF TERMS

COME NOW, the parties, by and through undersigned counsel, to jointly submit a Glossary of Terms as follows: WITNESSES Rachel Basse, M.D. - Defendant's expert witness who performed a defense medical exam on Plaintiff. Cindy Brey - State Farm PIP adjuster. Raul Calahorra - passenger in Jacob Swift's vehicle. Christopher Centeno, M.D. - Plaintiff's treating pain management physician. Jason Chamberlain - driver of vehicle Plaintiff was a passenger in. Bob Cosper - Plaintiff's Arvada West High School softball coach. Dale C. Crawford, C.P.C.U. - Defendant's expert witness regarding insurance practices and bad faith. Mark Decker - Plaintiff's softball coach. 1

Case 1:04-cv-00591-MSK-BNB

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David Estrada - passenger in Jacob Swift's vehicle. Daniel Haigler - passenger in Jason Chamberlain's vehicle. Steve Hassoldt - State Farm's claims manager. R. Mike Hodges, Esq. - Plaintiff's expert witness regarding insurance practices and bad faith. Barry Land - Plaintiff's father. Eric Land - Plaintiff's brother. Lisa Lindgren - passenger in Jason Chamberlain's vehicle. Matthew Mulligan - Plaintiff's ex-boyfriend. Lana Nitchie - State Farm PIP adjuster. Officer R. Okada - Officer who investigated the accident scene. Laura Piggott - Plaintiff's French teacher at Arvada West High School. Reed Sellers - passenger in Jason Chamberlain's vehicle. Charles Seibert, M.D. - Defendant's expert witness in radiology who performed a records review on Plaintiff. Jacob Swift - driver of vehicle that collided with vehicle Plaintiff was in. Amy Varley - Progressive claims adjuster. W. Bruce Wilson, M.D. - Defendant's expert witness who performed a defense medical exam on Plaintiff. TECHNICAL TERMS underinsured motorist - Plaintiff's definition: an insured driver who does not have sufficient insurance coverage to compensate an injured person for that person's injuries or damages. Defendant's definition: an individual who has bodily injury liability insurance at the time of an accident, but whose limits of liability insurance

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are less than the limits of insurance covering an injured party.1 cervical spine - referring to the neck and consisting of 7 vertebra. Computerized Dynamic Posturography - test which measures sway patterns against the normal population. discogenic pain - pain coming from disc in spine. Epidural Steroid Injection - an injection of anesthesia into spine for pain relief. facet joints - joints in the spine that allow it to move. flexion/extension x-ray - x-rays taken in extreme of flexion and extension to determine abnormal movement. Instability - too much movement in spine. Intermuscular Stimulation - procedure using thin acupuncture needles to break up trigger points. lumbar spine - referring to the low back and consisting of 5 vertebra. Prolotherapy - injection of solution into soft tissue to tighten loose areas. Radiofrequency Neurotomy also referred to as a Rhizotomy - a procedure using guided x-ray and radiofrequency waves to treat nerve pain. Smooth Pursuit Neck Torsion Test - test measuring eye movement with head in stationary position. thoracic spine - referring to mid back and consisting of 12 vertebra that are connected to the rib cage. trigger point - a taut palpable band in the muscle that is painful to touch and refers pain to another body area. Vestibular Auto Rotation (VAT)- test measuring function of visual coordination system with eyes fixed on a target while the head moves back and forth.

Two definitions have been included because State Farm's definition is derived from the policy of insurance; however, Plaintiff believes that State Farm's definition is confusing. 3

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Visagraph - test measuring eye movements and regressions.

Respectfully submitted,
Duly executed signature on file at the offices of Fleishman & Shapiro P.C.

/s/ Melissa J. Winthers Melissa J. Winthers 1600 Broadway, Suite 2600 Denver, Colorado 80202-4926 Telephone: (303) 861-1000 Facsimile: (303) 894-0857

/s/ David Canter, Esq. David Canter, Esq. Jonathan A. Cross, Esq. Cross & Liechty, P.C. 400 South Colorado Blvd, Ste 900 Denver, CO 80246

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