Rear-end Auto Collision – Denver County
April 2003
Low back fusion
Final offer before trial: $225,000
TOTAL JUDGMENT: $361,465
DENVER DISTRICT COURT
Christopher Lee Giauque v. McBride Electric, Inc.
Case No: 01-CV-820
Judge: Joseph E. Meyer HI
Trial Dates: April 21 – 23, 2003
Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)
Defendant’s Attorney: Richard K. Rediger (Overturf & McGath, PC)
Type of Claim: Personal injury – rear-end auto collision. Admitted liability. The plaintiff, Christopher Lee Giauque, stopped his car at a red light on Broadway at approximately 4:25 p.m. on June 28, 2000. The defendant’s employee was driving a Chevy utility truck owned by McBride Electric when the employee inadvertently failed to stop and the truck struck the plaintiff’s vehicle from the rear. The defendant admitted that the utility truck struck the rear of the plaintiff’s vehicle and that the driver was within the course and scope of his employment with McBride Electric. The defendant admitted liability but disputed the nature and extent of the plaintiff’s claimed injuries and damages, based in part on the plaintiff’s three prior on-the-job injuries, two of which resulted in worker’s compensation claims. The defendant claimed that the plaintiff failed to mitigate his non-economic losses because he was not wearing a seat belt at the time of the collision.
Injuries Alleged: Herniated disc at L4-5 resulting in microdiscectomy and fusion. Past wage loss, permanent impairment and pain and suffering.
Final Demand Before Trial: $300,000 that was withdrawn before trial.
Final Offer Before Trial: $225,000 offer of settlement.
Plaintiff’s Expert Witnesses: Michael E. Janssen, DO (treating orthopedic surgeon, by videotape) Christopher LaFontano, DO (treating specialist in osteopathic manipulative medicine, by videotape) Wayne Gardenswartz, CPA (economist)
Defendant’s Expert Witnesses: Jeffrey Sabin, MD (orthopedic surgeon, regarding an IME) Samuel T. Battaglia, PhD (economist)
Verdict: For the plaintiff:
- $80,000 for non-economic losses
- $40,000 for economic losses
- $150,000 for physical impairment
Total: $270,000 plus statutory interest from the date of the accident, June 28, 2000, plus costs.
©2003 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.
