Kari Jones Dulin, a founding Partner of Dulin McQuinn Young, LLP is co-counsel for the Estifanos family and a member of the trial team that recently obtained a $205M jury verdict in Garfield County, Colorado in Estifanos Dagne and Rahel Estifanos v. Glenwood Caverns Holdings LLC, et al. The jury awarded the record-breaking verdict after a three-week jury trial. The jury award was comprised of $82M in compensatory damages to Wongel’s family for their loss and grief, and $123M in punitive damages.
Wongel Estifanos, a beautiful 6-year-old girl who loved rainbows, was killed while riding the Haunted Mine Drop at Glenwood Caverns Adventure Park. The ride is a vertical freefall drop which plummets more than 100 feet into a mine shaft. Wongel, who was not seat belted by ride operators, fell to her death after ride operators recklessly chose not to ensure that she was restrained, ignored warning lights, and overrode the system to force the ride to launch despite the fact that Wongel was unbuckled.
The jury awarded significant punitive damages, in part because the amusement park had trained the employees to override warning lights to ensure that more rides could be completed each day, which increased profits to the Park. Punitive damages are designed to deter conduct and make the world safer. The verdict will ensure that amusement parks around the country train employees on proper safety practices that will protect the public.
Statement from Kari Jones Dulin
“We asked this jury to send a message to the amusement park industry that choosing profits over safety will not be tolerated. Glenwood Caverns Holdings, LLC, who owned Glenwood Caverns Adventure Park, the manufacturer, Soaring Eagle, and the two park operators who operated the fateful ride were held accountable for the death of 6-year-old Wongel Estifanos. The jury further found punitive damages against Glenwood Caverns Holdings, LLC for their reckless disregard for the life of beautiful Wongel on September 5, 2021.
The parents of Wongel, Rahel Estifanos and Estifanos Dagne, wanted to make the world a safer place with this verdict and the jury did just that. Dulin McQuinn Young’s unwavering commitment to justice and relentless pursuit of the rights of our clients have been recognized with this momentous verdict. It was an honor to be a part of the trial team representing Rahel Estifanos and Estifanos Dagne. Every time you see a rainbow, think of Wongel Estifanos.” – Attorney Kari Jones Dulin
Wrongful Death Claims in Colorado
At Dulin McQuinn Young, we understand the challenges families must face when filing a wrongful death case. Our compassionate attorneys choose to take on these struggles alongside grieving loved ones and fight to hold negligent people and organizations responsible for the suffering they cause.
Our personal injury lawyers have the knowledge and resources to face the most complex wrongful death claims and successfully do the following:
- Conduct a thorough accident investigation;
- Gather accident scene and documentary evidence;
- Interview eyewitnesses;
- Identify all liable parties;
- Pursue every source of compensation;
- Hire accident, economic, and medical experts;
- Calculate current and future accident-related expenses;
- Demand fair and just compensation;
- Negotiate a settlement; or
- Move forward with litigation.
What Compensation Can Families Receive in a Wrongful Death Case in Colorado?
Colorado does not limit the type of damages a victim’s family is entitled to in a wrongful death case. In a wrongful death case, family members can be entitled to economic, non-economic, and punitive damages.
Economic Damages in a wrongful death case may include:
- Medical bills before the deceased’s passing;
- Any funeral expenses; and
- Accident-related property damage.
Non-Economic Damages in a wrongful death case are often the following:
- Mental and emotional trauma and grief;
- Loss of consortium or companionship; and
- Loss of services provided by the deceased.
Punitive Damages are meant to punish the wrongdoer and send a message to others. These damages are awarded only in cases of extreme recklessness or disregard for the decedent.
Limitations On Non-Economic Damages
Colorado has an extensive system of damage caps in all personal injury cases, including wrongful death. While there is no cap on economic damages in Colorado for wrongful death, there is a cap on non-economic damages. In fact, Kari Jones Dulin was instrumental in getting these caps increased in 2024 during her tenure as President of the Colorado Trial Lawyers Association (CTLA).
How Dulin McQuinn Young Can Help
Reach out to the experienced attorneys at Dulin McQuinn Young for a complimentary case review. If you have a valid premises liability or wrongful death claim, we will handle every aspect of your case from start to finish.
Dulin McQuinn Young will build a trial-ready case supported by:
- Accident investigation;
- Evidence collection;
- Witness interviews;
- Medical diagnoses and prognoses;
- Damage calculations; and
- Expert witness opinions and testimony.
Our attorneys will conduct negotiations with any insurance companies to obtain a fair settlement amount that covers all of your damages. If an appropriate settlement cannot be negotiated, we will move ahead to trial.
Premises Liability in Colorado
In Colorado, premises liability law holds property owners and businesses liable for injury-
causing accidents that occur on their properties.
Property owners and businesses owe different legal duties to visitors on their properties based on a visitor’s status. A visitor may be an invitee, licensee, or trespasser.
Invitees like Wongel Estifanos are owed the greatest duty of care. Invitees are guests to a property. Often, they are shoppers at a business to buy goods or use services provided by the property owner.
Licensees are visitors with personal reasons to enter a property. They may come to visit a property owner or read a utility meter. A property should be reasonably safe for licensees.
Trespassers have no authorization to enter a property. They are not owed a duty of care, but a landowner may not intentionally harm trespassers.
Proving Liability Cases in Colorado
The trial team in the Estifanos case proved every element of premises liability in this case to the jury. Doing so required showing that:
- A dangerous condition existed;
- The defendants were aware of that condition or should have been aware of that condition; and
- That dangerous condition was the cause of Wongel Estifanos’ death.
While proving a premises liability may seem simple on its face, defendants often try to blame the victim or other parties for their injuries. This makes experienced legal counsel your best asset when filing a successful premises liability claim.
Damages Available in Successful Premises Liability Cases
A successful premises liability claim covers all of a victim’s accident-related losses. These may include, but are not limited to:
- Medical bills;
- Doctor visits;
- Prescriptions;
- Physical and occupational therapy;
- Lost wages;
- Lost earning opportunity;
- Mental and emotional trauma;
- Scarring and disfigurement; and
- Pain and suffering.
If you or a loved one were injured on someone else’s property do not settle for an insubstantial offer that does not fully compensate you for your losses. Dulin McQuinn Young has the resources and experience to gather evidence and build your personal injury case in Colorado for just compensation.
Speak to an Experienced Denver Premises Liability or Wrongful Death Attorney Today
If you or a loved one were injured while on someone else’s property, consult with an experienced premises liability attorney or wrongful death attorney at Dulin McQuinn Young today.
There is never a cost for an initial consultation with one of our attorneys, and we operate on a contingency fee basis. This means at Dulin McQuinn Young, we only get paid when we win compensation for you.
Contact our firm today if you have been injured or suffered the loss of a loved one through the negligence of another.