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Passenger Wins Over $1M Verdict From Auto Accident

November 11, 2005

In Brill v. Colorado Air Cargo Inc.; Lofland (Denver County District Court #01-CV-6537), a plaintiff won a $1,120,155 verdict for pain and suffering in an auto accident case.

The 35-year-old female plaintiff suffered TMJ dysfunction, post-traumatic myofascial pain reaction, post-traumatic stress syndrome, and cervical and thoracic strains when the southbound vehicle in which he was a passenger, operated by the codefendant, was struck broadside by the defendant's vehicle as the defendant changed lanes into the plaintiff's lane of travel.

The plaintiff contended that the defendants operated their vehicles in a negligent manner and failed to keep a proper lookout. The defendant denied liability and contended that the plaintiff was comparatively negligent, barring or reducing recovery, that the plaintiff assumed the risk of her injuries, and that he was faced with a sudden emergency and was unable to avoid the accident. The codefendant denied liability and contended that the defendant was responsible for the accident.