Recent Trial Update

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.

April 2024: Evans v. Foster Electric Corporation et al., Case # 2022CV30867, El Paso County District Court, Colorado

Lambdin & Chaney represented Defendants, an electrical company and its employee, in a personal injury case involving a rear end automobile accident. Plaintiffs asserted claims for negligence, negligence per se, vicarious liability and loss of consortium.  Plaintiff alleged disabling cervical and low back pain from the motor vehicle accident and alleged that two tri-level spinal fusion surgeries were related to this accident.    Prior to trial, pursuant to C.R.S. §13-17-202, Defendants served statutory offers for $350,000 to the primary Plaintiff and $20,000 to plaintiff wife for the loss of consortium claim.  A jury trial occurred in April 2024 in front of the Honorable Judge Prince.  Plaintiffs’ Counsel requested that the jury award $13 Million in damages to husband and wife Plaintiffs in closing argument.

After a 6-day trial, the jury returned a complete defense verdict and costs were awarded to our clients.

February 2024: Bennett v. Burton, Case # 2022CV31345, Jefferson County District Court, Colorado

Lambdin & Chaney represented Defendant Burton in a personal injury case personal injury case involving a rear end automobile accident.  Plaintiff asserted claims for negligence and negligence per se.  Plaintiff claimed she suffered injury to her spine as a result of the accident, with a resultant fusion surgery at C2-T1. A jury trial occurred in February 2024 in front of the Honorable Judge McNulty.  Plaintiff’s last demand pretrial was $450,000.

After a 5-day trial, the jury returned a complete defense verdict and costs were awarded to our client.

January 2024: Depue v. Danny Sons, Case No. D-504-CV-2021-00551, 5^th Judicial District, Chavez County, New Mexico

Lambdin & Chaney represented Defendant, the owner of the bull, in a personal injury case involving severe injuries sustained when Plaintiff’s motorcycle collided with a bull on a highway.  Plaintiff asserted claims for negligence, negligence per se and loss of consortium.  Plaintiff alleged incapacitating life altering injuries.  A jury trial occurred in January 2024 in front of the Honorable Judge Hunter.   Plaintiff sought $15 Million in damages.

After a 10-day trial, the jury returned a complete defense verdict and costs were awarded to our client.

December 2023: Gonzalez v. Solano, Case # 2022CV31918, Arapahoe County District Court

Lambdin & Chaney represented Defendant Solano in a personal injury automobile accident case involving claims for negligence and negligence per se.  Plaintiff was a passenger in Defendant’s vehicle at the time a violent roll-over accident occurred.  Plaintiff alleged catastrophic injuries associated with this accident. A jury trial occurred in December 2023 in front of the Honorable Judge Toussaint.  Plaintiff sought $5 Million in damages. 

After a 5-day trial, the jury returned a complete defense verdict in favor of Defendant Solano and costs were awarded.

October 2023: Logan v. Hart, Case # 2022CV30550, Arapahoe County District Court

Lambdin & Chaney represented Defendants, a geotechnical engineering company and its employee, in a personal injury automobile accident case involving claims for negligence, negligence per se and vicarious liability.  Plaintiff alleged catastrophic injuries associated with this rear-end accident. Trial occurred in October 2023 in front of the Honorable Judge Volz. Husband and wife Plaintiffs sought over $7 Million in damages. 

After a 4-day trial, the jury found in favor of Plaintiff Janine Logan and awarded her $25,000 in economic damages only.  The jury returned a complete defense verdict in favor of Defendants and against Plaintiff Mark Logan.  Months prior to trial, Defendants served statutory offers for $150,000 to each Plaintiff pursuant to C.R.S. §13-17-202 for $1,000,000.  Given that the amount awarded in favor of both Plaintiffs was less than the statutory offer of settlement served, Defendants were awarded costs.

August 2023: Miller v. Secura, Civil Action No. 1:22-CV-00037-KLM, Federal Court, District of Colorado

Lambdin & Chaney represented Defendant, Secura Insurance Company (“Secura”), in a first party matter involving claims associated with unreasonable delay and/or denial of UIM benefits pursuant to C.R.S. §10-3-115 and Plaintiff sought fees pursuant to C.R.S. §10-3-115.  A jury trial occurred in August 2023 in front of the Honorable Magistrate Mix.  Plaintiff was seeking $500,000 UIM policy limits and attorney’s fees.

After a 5-day trial, the jury returned a complete defense verdict in favor of Secura and Secura was awarded its costs.

April 2023: Medina v. Trax Construction, Case # 2021CV030937, El Paso County District Court

Lambdin & Chaney represented Defendants, a construction company and its employee, in a personal injury automobile accident case involving claims for negligence, negligence per se and vicarious liability.  Plaintiff alleged catastrophic injuries associated with this rear-end accident. A jury trial occurred in April 2023 in front of the Honorable Judge McHenry.  Plaintiff sought over $8 Million in damages. 

After a 7-day trial, the jury found in favor of Plaintiff and awarded $120,000 for non-economic losses and $100,118 in economic losses for a total award of $220,118.  Months prior to trial, Defendant served a statutory offer pursuant to C.R.S. §13-17-202 for $1,000,000.  Given that the amount awarded in favor of Plaintiff was less than the statutory offer of settlement served, Defendant was awarded post offer costs.

July 2022: T-Bone Construction, Inc. v. BGE, LLC, Case #2018CV31761, Adams County District

This case arose out of the construction services at three separate commercial buildings.  Lambdin and Chaney represented the Plaintiff/Counter Defendant, construction company, which provided design/build services and initiated this litigation by filing an action to recover amounts owed on the three Projects.  Defendant/Counterclaimant then asserted counterclaims for construction defects seeking almost $14 Million.  A jury trial occurred in July of 2022 in front of the Honorable Judge Warner.

After a 6-day trial, the jury in this matter returned a verdict awarding damages to our client and against the counter defendant in the amount of $893,975.63 on T-Bone’s breach of contract claim and a verdict in favor of our client on the counterclaims.