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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

JEFFREY A. BOARDMAN,

Plaintiff,

v.

DYLAN HAUCK, an individual and AMERICAN FAMILY MUTUAL INSURANCE 

COMPANY, a Wisconsin corporation,

Defendants.

_____________________________________________________________________ 

COMPLAINT

_____________________________________________________________________

COMES NOW the Plaintiff by and through his attorneys, Karp Neu Hanlon, P.C., 

and for a Complaint against the Defendants alleges and avers the following:

1. Jurisdiction is conferred on this Court pursuant to the provisions of 28 U.S.C.

§1332(a)(1) in that the matter in controversy exceeds the sum or value of $75,000 and is 

between a citizen of a foreign state and citizens of Colorado and another state(s).

2. Plaintiff, Jeffrey A. Boardman, is an individual residing and domiciled in the State 

and District of Colorado.

3. Upon information and belief, Defendant Dylan Hauck, is an individual residing and 

domiciled in Corsicana, Texas.

4. Defendant American Family Mutual Insurance Company is a Wisconsin 

corporation, and was, at all times relevant and material hereto, the automobile insurer of 

the Plaintiff. 

5. On the date of the collision, as described herein, Plaintiff was insured by the 

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Defendant American Family Mutual Insurance Company under at least four separate 

policies of insurance for four different vehicles and each said policy had 

uninsured/underinsured coverage for which Plaintiff paid separate and additional 

premiums.

6. Upon information and belief, Defendant Hauck was uninsured on the date of the 

collision, as described herein.

7. On July 30, 2008, on North Avenue in Grand Junction, Mesa County, Colorado, a 

multi-vehicle collision occurred between four vehicles, including the vehicle being 

operated by Plaintiff.

8. The collision was a result of a chain reaction at a stop light and caused by 

Defendant Hauck when he collided with a stopped vehicle, operated by Sheryl Levesque, 

which was then pushed into Plaintiff’s stopped vehicle. Plaintiff’s vehicle then collided 

with a stopped vehicle operated by Deborah Swander. 

9. The collisions were a direct and proximate result of the negligence, negligence per 

se, and carelessness of Defendant Hauck in the operation, maintenance and control of 

his vehicle in that he failed to use reasonable care in a number of ways, including but not 

limited to the following:

A. He failed to have his vehicle under control so as to avoid the collision;

B. He failed to keep his eyes on the road and was looking away from the road 

in front of him just prior to the collision;

C. He failed to maintain a safe speed and following distance behind Plaintiff’s 

vehicle;

D. He failed to brake in sufficient time to stop his vehicle;

E. He violated the following provisions of law:

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I. Careless driving, CRS 42-4-1402;

ii. Other statutes of the State of Colorado and ordinances 

of the City of Grand Junction.

10. As a direct and proximate result of Defendant Hauck’s negligence and 

carelessness, Plaintiff suffered serious injuries, including without limitation, injuries to his 

cervical and thoracic spine in the form of a myofascial strain and a traumatic thoracic 

syrinx, resulting in a 22% permanent whole body impairment and disability rating 

according to the AMA Guides #rd Edition Revised. 

11. Some of Plaintiff’s injuries are permanent in nature and due to the permanency of 

these injuries, Plaintiff has suffered an irrevocable loss of enjoyment of life, and these 

injuries have caused, and will continue to cause, Plaintiff pain, suffering, continuing 

medical care and expense, a diminution in earning capacity, and emotional and mental 

distress, in an amount to be determined at trial.

12. As a further and proximate result of the negligence and carelessness of Defendant 

Hauck, Plaintiff has suffered special damages, which Plaintiff reserves the right to state 

more particularly as they become fully known.

13. Defendant American Family Mutual Insurance Company has not contested that 

Plaintiff was legally entitled to recover damages from Defendant Hauck but has contested 

the amount that is due Plaintiff for his injuries, losses and damages.

14. By not agreeing and compensating Plaintiff for his damages, injuries and losses, 

as set forth above, Defendant American Family Mutual Insurance Company has 

breached the insurance contract with Plaintiff.

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FIRST CLAIM FOR RELIEF

15. Plaintiff re-alleges paragraphs 1 through 13 above and incorporates the same 

herein.

16. Defendant Hauck is liable to Plaintiff for his negligence, carelessness and 

negligence per se.

SECOND CLAIM FOR RELIEF.

17. Plaintiff re-alleges paragraphs 1 through 15 above and incorporates the same 

herein.

18. Defendant American Family Mutual Insurance Company is liable to Plaintiff for its 

breaches of the insurance contracts.

WHEREFORE Plaintiff asks for judgment against the Defendants for damages in an 

amount to be determined at trial, special damages as proven, for interest from the date of 

the occurrence of the injuries as provided by law, expert witness fees, other costs, and for 

such other and further relief as this Court may deem equitable and just.

PLAINTIFF DEMANDS TRIAL TO A JURY OF SIX (6).

KARP NEU HANLON, P.C.

By: /s/*Sander N. Karp 

 Sander N. Karp, Esq.

James F. Fosnaught, Esq.

201 14th Street, Suite 200

Glenwood Springs, CO 81601

Phone: (970) 945-2261

Facsimile: (970) 945-7336

snk@mountainlawfirm.com

jff@mountainlawfirm.com

Address of Plaintiff:

P.O. Box 438

New Castle, CO 81652

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