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Recent Trial Success

by | Dec 6, 2024 | Newsletters, Trial Successes

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.