Gourdin v. Waller: Jury Award Stands Despite Liability Stipulation

In Gourdin v. Waller, the Colorado Court of Appeals affirmed a trial court's judgment awarding damages to a plaintiff injured in a head-on collision, rejecting the defendant's arguments that certain evidence and jury instructions were improperly admitted. The case involved pretrial stipulations on liability, but the defendant disputed the extent and permanence of the plaintiff’s injuries.

Injury and Pretrial Agreement

The case stemmed from a car accident in which David Gourdin sustained serious foot injuries after his vehicle was struck head-on by one driven by Robert Waller. Gourdin’s feet were driven through the floorboard of his car, leading to significant injury. Liability for the accident was not contested; in the pretrial order, the parties agreed that the trial would focus solely on the nature and extent of Gourdin’s injuries and any damages he might be owed.

As part of that agreement, Gourdin did not introduce evidence about Waller’s conduct leading up to the collision. However, the trial court permitted Gourdin to introduce photographs of the damaged vehicle and testimony about the speed and angle of impact during the crash.

Evidence and Instructions on Lost Income

Waller and Technical Equipment Corporation (his employer) argued on appeal that the trial court erred in admitting evidence about the vehicle's condition and crash dynamics, claiming it was prejudicial and irrelevant given the stipulation. The appellate court disagreed, noting that while liability had been admitted, the cause and severity of Gourdin’s injuries were still contested. The court ruled that crash circumstances such as speed and impact were relevant to determining the extent of physical harm.

The defendants also objected to jury instructions allowing damages for lost income and future earning capacity, claiming that Gourdin’s income had increased after the crash. The court found sufficient evidence to support the instruction, including testimony that Gourdin had been unable to perform certain work duties following the accident and that his future earnings could be impaired by reduced mobility and physical limitations.

Verdict and Challenge to Award Amount

The jury returned a verdict in favor of Gourdin for $106,000. On appeal, the defendants contended that the award was excessive. The appellate court rejected this argument, citing evidence that Gourdin suffered severe and permanent injuries, including crushed ankles and feet, intense pain, multiple surgeries, and ongoing disability likely to reduce his quality of life and income for decades. At trial, Gourdin’s life expectancy was estimated at over 25 years.

The court noted that juries have wide discretion in setting damages in personal injury cases and that the award was not grossly excessive or unsupported by the record. The judgment was affirmed.

Legal Support for Motor Vehicle Collision Cases

Accident-related injuries can lead to long-term physical and financial consequences, even when liability is not disputed. Our attorneys at Whitcomb, Selinsky, PC assist clients in documenting injuries, preparing evidence for trial, and pursuing full compensation after motor vehicle collisions.