Trial Magazine

Sylvia Grothe, 68, drove to a convenience store and parked next to a pickup truck. The driver, Benjamin Lamar, was sitting in the truck preparing to leave. As Grothe got out of her car and closed the door, Lamar put the truck in reverse and turned, striking Grothe and her car and knocking her to the ground.

Grothe suffered a minimally displaced pelvic fracture, which led to urinary incontinence. After painful and invasive physical therapy failed to help, she ­underwent implantation of an Interstim device to regulate her bladder. Although the device helped, she continues to suffer from some incontinence symptoms, and she likely will require future surgeries as the device’s battery requires replacement or leads become dislodged.

Her past medical expenses were approximately $205,000, and her future medical expenses range from $300,000 to $500,000, depending on how often she requires surgery. She is unable to return to her job in hospital housekeeping. She incurred approximately $110,000 in past lost earnings, and her future lost earnings are estimated at approximately $122,000.

At the time of the incident, Lamar was on call for his job with Hunting Titan, Inc., an explosives exploration company.

Grothe sued Lamar, alleging that he was negligent in failing to look for, see, and yield to her. The plaintiff presented evidence that Lamar may have been using his cellphone at the time of the incident. The plaintiff also sued Hunting Titan, alleging that it was liable under respondeat superior for Lamar’s negligence and directly liable for negligent training. The plaintiff asserted that the company failed to provide its own safety training to Lamar, which included videos on safe motor vehicle operation. Had Lamar received proper training, the plaintiff contended, it likely would have prevented the incident.

The defendant argued that Grothe was comparatively negligent for parking too close to the truck, as other available spots would have given her more room to walk. The defense also argued that Grothe failed to act reasonably when the truck started in that she should have appreciated and avoided the truck as it turned and backed into her and her car.

Before trial, the defendant offered to settle for $350,000. The plaintiff rejected the offer, and the case proceeded to trial.

The jury found Lamar 90 percent at fault and Titan 10 percent liable for negligent training. The jury awarded approximately $1.35 million. With interest, the verdict totaled more than $1.72 million. The parties later settled.

Citation: Grothe v. Lamar, No. 2015cv33706 (Colo. Dist. Ct. Denver Cnty. Apr. 3, 2017).

Plaintiff counsel: AAJ members Kurt Zaner and Marc Harden, both of Denver.