Douglas County Judge Rules for Defendant in Rear-End Collision

In October 2008, a rear-end collision occurred in Castle Rock, Colorado, when a vehicle operated by the defendant struck the plaintiff's stopped vehicle near an Interstate 25 on-ramp. The plaintiff claimed to have sustained serious injuries in the incident.

In September 2011, the plaintiff filed a lawsuit in the District Court for Douglas County, Colorado, alleging the defendant was negligent in operating the vehicle and was responsible for the collision and related injuries and damages. The plaintiff sought compensatory damages, court costs, expert witness fees, and interest. The defendant denied negligence, asserting the incident resulted from the plaintiff's contributory negligence or comparative fault, unforeseeable intervening acts, a sudden emergency, and the plaintiff's failure to mitigate damages or use a seatbelt.

The case proceeded to trial. In January 2015, a jury found that the plaintiff suffered injuries and losses, and that the defendant's negligence caused them. The jury awarded the plaintiff $995.34 for economic losses.

Following the verdict, the court considered motions for interest and costs from both parties. The court determined the plaintiff was entitled to judgment totaling $1,632.63, including interest. However, the judge ruled the defendant was the prevailing party for costs because the defendant had made three settlement offers, totaling $24,850.00 and $31,000.00, which significantly exceeded the jury's verdict and were rejected by the plaintiff. The court awarded the defendant $24,014.20 in costs, incurred after the date of the first settlement offer. After deducting the plaintiff's awarded judgment, the court entered a final judgment in favor of the defendant and against the plaintiff for $22,381.57.