Brncic v. Metz: Neck Injury Justifies Higher Injury Compensation

In Brncic v. Metz, the Colorado Court of Appeals upheld a trial court's decision to grant a new trial on the issue of damages after an initial jury verdict was found inadequate. The case arose from a 1960 head-on collision involving a municipal vehicle operated by Joseph E. Brncic, resulting in long-term injuries to passenger Virginia M. Metz.

Background and Initial Trial Outcome

Metz was a passenger in a car that collided with a Denver City truck driven by Brncic. Following the crash, she received emergency treatment at Denver General Hospital and was later transferred to Presbyterian Hospital. Her initial diagnoses included a fractured tibia, sprained ankle, scalp abrasions, and neck pain. In the following months, physicians documented persistent and severe neck pain, and later examinations suggested potential cervical disc injury.

Between 1961 and 1965, Metz underwent five surgeries on her neck. Though the procedures ultimately reduced her pain, they resulted in a 50% reduction in mobility due to spinal fusion.

Metz filed a personal injury lawsuit against Brncic and the City and County of Denver, seeking $75,000 in damages. The first trial resulted in a jury finding of liability but awarded only $8,500 in damages. Metz filed a motion for a new trial limited to the issue of damages, which the court granted over the defendants’ objections.

Medical Evidence and Second Trial

During the second trial—conducted before a different judge and without a jury—the court heard further evidence regarding Metz’s injuries. Medical experts confirmed that she suffered a cervical disc injury directly resulting from the collision and detailed her extensive treatment, including surgeries and permanent impairment. Some expert testimony had been submitted by deposition or medical reports due to witness unavailability.

The court found that Metz’s injuries resulted directly from the crash and determined that she incurred nearly $7,000 in medical expenses, lost over $21,000 in earnings, and endured significant pain and permanent disability. The final judgment awarded Metz $48,342.19.

Appeal Focused on Damages, Not Liability

On appeal, Brncic and the City did not dispute the finding of negligence but challenged the trial court’s decision to grant a new trial on damages. They argued that the jury’s original verdict was supported by conflicting medical opinions, including defense experts who questioned whether the neck injury was caused by the accident.

The appellate court rejected that argument, noting that the defense failed to offer an alternative explanation for Metz’s symptoms, which began immediately after the collision. The court also observed that some of the key expert evidence may have had less impact on the jury due to its presentation in written form rather than live testimony.

The court concluded that the jury's original award did not adequately compensate Metz for her documented losses. It affirmed the trial court's discretion to grant a new trial to serve the interests of justice.

Legal Guidance for Motor Vehicle Collision Cases

In cases involving disputed injuries or inadequate jury awards, a new trial may be necessary to ensure fair compensation. Our attorneys at Whitcomb, Selinsky, PC help clients evaluate personal injury claims, challenge insufficient verdicts, and pursue full compensation for medical costs, lost income, and long-term impairment.