In a recent trial held in Pueblo District Court, John Fairless obtained a complete defense verdict for a ranch owner on claims against the ranch and its employees for negligence, outrageous conduct, negligent hiring and supervision, civil conspiracy and vicarious liability. The Plaintiff alleged a ranch employee assaulted him and caused physical injury and severe emotional distress. The Plaintiff asked the jury to award $1,000,000. The jury found that Plaintiff was not injured in the incident, that the employee did not engage in negligent or outrageous conduct, and that the employee’s actions did not cause any injury to Plaintiff.
Recent Trial Success
August 2024: Borrego v. Velez, Case #2023CV32277, Denver County District Court, Colorado
Lambdin & Chaney represented Defendant in a personal injury case involving a multi car automobile accident with significant exposure. Plaintiff asserted claims for negligence and negligence per se. Plaintiff asserted that he suffered significant injuries in the accident, including a herniated disc in his spine at C4-5. Plaintiff argued that he needed a future total disc replacement surgery (TDR) at C4-5, as well as annual medial branch blocks and radiofrequency ablations for the rest of his life. A jury trial occurred in August 2024 in front of the Honorable Judge Gerdes. Plaintiff’s counsel made a $3 Million-dollar pretrial demand and asked the jury to award $2.6 Million in closing argument.
After a 5-day trial, the jury entered a verdict in favor Plaintiff in the amount of $35,000 (economic damages only) and apportioned 75% fault to Defendant and 25% to the named non-party. The jury did not award non-economic losses or physical impairment. Thus, the total amount awarded against Defendant taking into account the apportionment of fault is $26,250.00. We submitted a $100,000 statutory of settlement prior to trial and the verdict was lower than the amount of the offer. Ultimately, Plaintiff voluntarily dismissed the matter after trial and Defendant paid zero.