D.M., a commercial airline captain, was snowboarding on a green run at Telluride when B.G, a Telluride resident, crashed into him from behind. B.G. denied he was at fault for the crash, arguing that a phantom beginner on the slope below him forced him to change his course into D.M. Evan Banker took B.G.’s deposition, and compelled an admission that B.G. saw both D.M. and the beginner skier downhill of him, and that he could have stopped without causing a collision, but decided to attempt a passing maneuver instead. Allstate, B.G.’s insurer, later admitted B.G. was at fault for the collision.

As a result of the collision, D.M suffered a fractured fibula requiring a surgical repair, and was unable to work during his recovery. Allstate offered $70,000.00 to settle the case several months before trial, less than half of the value of D.M.’s losses. D.M. and Chalat Hatten Koupal & Banker PC persisted, and only days before trial, Allstate paid D.M. his full demand – $150,000.00 – to avoid facing a jury.