El Paso County Jury Awards $143,000 in Rear-End Collision

On May 27, 2014, a driver, the plaintiff, was involved in a rear-end collision on an interstate in El Paso County. The plaintiff’s vehicle was struck by the defendant’s vehicle. The defendant subsequently told police she had been rear-ended by another driver and pushed into the plaintiff’s car. The plaintiff later filed a lawsuit, alleging the defendant was negligent in the operation of her vehicle.

The plaintiff argued the defendant was not hit from behind, citing a lack of visible damage to the rear of the defendant's vehicle and significant damage to its front. The plaintiff claimed she was slowing normally for traffic when the accident occurred. She alleged injuries including a torn right glenoid labrum and supraspinatus tendinosis, as well as aggravation of preexisting neck, lower back, and right shoulder conditions. The plaintiff underwent arthroscopic shoulder surgery and physical therapy, seeking damages for medical expenses, lost wages, physical pain, mental anguish, physical impairment, and disfigurement.

The defendant maintained she was rear-ended and pushed into the plaintiff’s vehicle, a claim supported by testimony from the driver behind her. The defense also argued the plaintiff had come to a sudden stop. A defense expert opined that the labrum tear was not caused by the accident and that the plaintiff's preexisting shoulder condition was a labrum tear, not a frozen shoulder, noting the absence of a pre-accident MRI. The defense asserted that all claimed injuries were unrelated to the accident and were instead preexisting, degenerative, work-related, or age-related.

Following a two-day jury trial, the jury deliberated and found the defendant liable for the collision. The jury awarded the plaintiff $143,000 in total damages, which included compensation for past and future medical costs, past lost earnings, and past and future physical pain, physical impairment, and mental anguish.