HomeMy WebLinkAbout18- Notice of Claims - Beck, Amsden & Stalpes, PLLC - Muniz Personal Injury ■
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■f BECK, AMSDEN & STALPES, PLLC
Attorneys at Law
Attorneys: 1946 Stadium Drive,Suite 1 Of Counsel:
Monte D.Beck Bozeman,MT 59715 Michael G.Black
John L.Amsden Tel:(406)5B6-B700
Justin P.Stalpes Fax:(406)586-8960 Paralegals-
Lindsay C.Beck E-mail:info@becklawyers.com Natalie F.Phillips
Anthony F.Jackson David W.McGoldrick
Reid M.Beck
August 14, 2018
VIA FIRST CLASS U.S. MAIL
AND FACSIMILE TO: 406-582-2344
Bozeman City Clerk
121 N. Rouse Avenue
Bozeman, MT 59715
Re: Pre-Suit Notice of Claims
Dear Clerk:
Pursuant to Montana Code Annotated § 2-9-301 (2017), kindly consider this
pre-suit notice of personal injury claims against the City of Bozeman (the "City").
Our client, Edward D. Muniz, was injured on August 21, 2017, while
working in the course and scope of his employment with Advanced Waste Water
Specialist ("AWWS"). The City hired AWWS as a subcontractor to undertake
work on behalf of the City at the Baxter Meadows lift station, which is owned by
the City. Edward Muniz was attached to a crane by a harness and lowered into a
confined space over raw sewage in order to replace a pump within the lift station.
While disconnecting the pump inside the lift station, Edward Muniz's
harness became unhooked from the crane causing him to fall 25-30 feet into raw
sewage. Edward Muniz's coworkers had to run to turn on the pumps to prevent Mr.
Muniz from drowning in the sewage. Another coworker lowered the crane to the
bottom of the lift station, allowing Edward to reattach his harness and be lifted to
safety. Mr. Muniz was.bleeding profusely from a large laceration on the back of
his head which required stitches and became septic from exposure to the sewage.
406-586-8960 Beck,Amsden and Stalpes 09:10:39 a.m. 08-16-2018 2/2
Bozeman City Clerk
August 14, 2018
Page 2
Edward Muniz suffered multiple injuries resulting from the fall, including serious
injuries to his head, back, right knee and right wrist among other damages.
On information and belief, the City retained express, actual and/or implied
control over the workplace environment and/or the method of work, including
safety of AWWS employees such as Edward Muniz. Extensive training and safety
precautions are required to perform work in confined spaces such as the lift station
in which Mr. Muniz was injured. The work performed by AWWS and Edward
Muniz on August 21, 2017, was intrinsically and/or inherently dangerous,
requiring special precautions be taken.
Mr. Muniz, through his attorneys in this office, intends on filing negligence
and negligence per se claims against the City to recover damages arising from his
injuries. In accordance with Montana Code Annotated § 2-9-301(2), the City must
grant or deny these claims in writing within 120 days from the date of this letter.
Failure of the City to make final disposition of these claims within 120 days will be
considered a final denial.
I look forward to your response.
Sincerely,
Justin P. Stalpes
JPS:np