Douglas County Jury Issues Defense Verdict, $24K Costs in Rear-End Collision

In October 2008, a rear-end collision occurred in Castle Rock, Colorado, when a driver failed to stop and struck the vehicle in front, which was waiting to turn onto Interstate 25. The plaintiff, the driver of the lead vehicle, claimed serious injuries from the incident.

In September 2011, the plaintiff filed a lawsuit against the driver of the striking vehicle in Douglas County District Court, Colorado, alleging negligence and seeking compensatory damages for related injuries and losses. The defendant denied negligence, arguing the collision was due to the plaintiff's contributory negligence or the fault of third parties. The defendant also asserted affirmative defenses, including unforeseeable intervening acts, sudden emergency, and failure to mitigate damages.

The case proceeded to trial, and in January 2015, a jury found the defendant's negligence caused the plaintiff's injuries, damages, and losses, awarding the plaintiff $995.34 for economic losses. Post-verdict, the court determined that the defendant was the prevailing party for cost purposes because the plaintiff had rejected pre-trial settlement offers from the defendant that significantly exceeded the jury's award. Consequently, in March 2015, the court awarded the defendant $24,014.20 in costs. After deducting the plaintiff's jury award and interest, a final judgment was entered in favor of the defendant for $22,381.57.