On January 5, 2002, Joanne Kleinstein was skiing and Lance Mikulas was snowboarding at Vail in Eagle County, Colorado. Both were considered "skiers" pursuant to the Colorado Ski Safety Act. C.R.S. § 33-44-103(8). Mrs. Kleinstein was standing still, with other members of a Vail Ski School class. She was plainly visible, maintaining a proper lookout and was not obstructing any skiable route. The weather was clear and the ski conditions were good.

Mikulas was snowboarding, and due to his negligent and reckless conduct, he failed to maintain control of his speed, course and collided into Joanne Kleinstein knocking her to the ground and causing her to suffer severe injuries. The sole cause of the collision was the reckless and negligent manner in which Defendant Mikulas was snowboarding.

Joanne Kleinstein injuries included a right femur fracture requiring surgical reduction and pinning; fractured hip, requiring surgery, and; multiple contusions and abrasions. She will suffer permanent impairment and disfigurement, risk for arthritis, vascular necrosis, pain and suffering.

On September 26, 2002, the parties entered into a Non-Dischargeable Settlement Agreement. The Settlement Agreement contains several unique and unusual provisions. The agreement requires defendant, Lance Mikulas, to make an apology, on the record, to plaintiff Joanne Kleinstein. The agreement requires defendant to perform community service. A token settlement payment is included, and the agreement is non-dischargeable in bankruptcy.

Under the agreement, defendant Lance Mikulas was to pay directly to Mr. & Mrs. Kleinstein $4,000.00, payable in 40 equal monthly installments of $100.00 per month, due on or before the first of each month. To date, defendant Mikulas has paid $100.00 in November, 2002. Additionally, defendant Lance Mikulas was to perform forty-eight (48) hours of useful public or community service, rationally related either to ski/snowboard safety or to the injuries he caused. Such useful public service, was to be approved in advance by Mrs. Kleinstein, or her counsel. Performance by defendant Mikulas of the useful public or community service was to be certified in writing by a third party representing the facility or organization for which the service is performed. To date, defendant Mikulas has performed no public or community service. Thus, Plaintiffs have requested that the Court enter judgment in favor of the plaintiffs and against the defendant for a money judgment, attorney’s fees and a show cause order why he should not be held in contempt for his failure to comply with the court ordered useful public service.

A skip trace was completed based on the defendant’s social security number. There are no recent reports of this number being used at any address. Servers completed a postal forwarding search for the defendant. No forwarding orders are on file with the United States Postal Service. Servers completed a Department of Revenue Motor Vehicle search in Colorado and located one vehicle registered in the name of Lance Mikulas at 8041 S. Harrison Circle, Centennial, CO. Servers attempted service at this address and spoke with a sister of the defendant. Said female stated Lance Mikulas was out of the country and his return date was unknown. Said female refused to supply server with any other relevant information.

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