Colorado Jury Awards $297,000 in Semi-Truck Negligence

On February 21, 2014, a vehicle operated by the plaintiff collided with a semi-truck on an Interstate 70 exit ramp in Colorado. The semi-truck, operated by the defendant driver and owned by the corporate defendant, was stalled and blocking the ramp. The plaintiff swerved to avoid the semi-truck, struck a guard rail, and rolled the vehicle.

The plaintiff subsequently filed a complaint on August 25, 2014, in the Colorado District Court, Second Judicial District. The lawsuit alleged negligence, negligence per se, and respondeat superior against the driver and the trucking company, seeking to recover damages, costs, and interest. The defendants filed an answer on September 15, 2014, asserting that any damages were caused by the plaintiff's own fault, which should bar or diminish recovery. They also contended that the plaintiff failed to mitigate damages.

A jury trial was held from May 26 to May 29, 2015, and the jury returned a verdict in favor of the plaintiff. On June 10, 2015, the court entered an amended judgment, awarding the plaintiff $297,000, plus costs and prejudgment interest. This amount was a proportional reduction of an initial $410,000 award, which included $21,000 for non-economic damages and $389,000 for economic damages. The reduction occurred because the jury found the plaintiff 30 percent at fault for the incident.