In Trenshaw v. Jennings, Lucas Trenshaw and Teresa Gardner, as Personal Representative of the Estate of Timothy Trenshaw, filed a wrongful death action in the District Court of Colorado, Custer County. The case arose from a July 2, 2022 motor vehicle collision on Colorado Highway 69 in Custer County.
Lucas Trenshaw brought claims as one of Timothy Trenshaw’s surviving sons. Teresa Gardner brought survivorship claims on behalf of the Estate of Timothy Trenshaw. The claims were brought pursuant to Colorado’s Wrongful Death Act, C.R.S. § 13-21-201, et seq. The complaint also included claims based on negligent hiring, training, supervision, negligent entrustment, and negligence per se.
The pleadings stated that Eugene Jennings was operating a tractor-trailer northbound on Colorado Highway 69 at the time of the incident. It was alleged that Jennings did not possess a commercial driver’s license and was operating the vehicle within the course and scope of his employment with All State Enterprise, Inc. The pleadings further alleged that the tractor-trailer crossed the center line into oncoming traffic and tipped over onto Timothy Trenshaw’s vehicle.
According to the description provided in the case management order, Timothy Trenshaw was operating a Lincoln Aviator at the time of the collision. The complaint alleged that Jennings was traveling at approximately 70 miles per hour on a roadway with a posted speed limit of 55 miles per hour and that the tractor-trailer weighed approximately 80,000 pounds.
The order reflected allegations that All State Enterprise, Inc. had drivers who received safety violations in the preceding 24 months, including unsafe driving violations, hours-of-service violations, driver fitness violations, and vehicle maintenance violations. It also noted that All State Enterprise drivers had been involved in several reportable crashes during that period.
Eugene Jennings admitted that he was involved in an auto accident with Timothy Trenshaw on July 2, 2022. Jennings also admitted that he was acting within the course and scope of his employment at the time of the accident. Jennings denied negligence and asserted affirmative defenses identified in his answer, including statutory defenses under Colorado law. Jennings withdrew his comparative negligence defense without prejudice.
All State Enterprise admitted that Jennings was acting within the course and scope of his employment at the time of the accident. All remaining allegations, including claims of negligence, were denied. All State Enterprise identified liability and the nature and extent of damages as issues for trial.
The case management order also reflected that Jennings filed a motion to consolidate the case with another civil action. Plaintiffs filed a motion seeking leave to depose Jennings while he was confined in prison. The court scheduled oral rulings on those motions for a later status conference.
The case management order set out the parties’ positions regarding proportionality and discovery under the Colorado Rules of Civil Procedure. Lucas Trenshaw and Teresa Gardner identified liability-related information that they expected to seek in discovery, including training materials, hiring protocols, supervision practices, contracts related to the job site, insurance claim file information, and Jennings’s driving history and qualifications.
Jennings indicated that he would not contest additional discovery but objected to being deposed multiple times. All State Enterprise stated that it believed the discovery plan was proportional to the needs of the case and did not believe that the burden or expense outweighed the likely benefit.
The order set deadlines for amending pleadings, joining additional parties, and identifying non-parties at fault. It also outlined limits on depositions, interrogatories, requests for production, and requests for admission. The parties agreed to exceed the default limit for “other” depositions and allowed for five additional depositions per side, subject to further agreement or court guidance if more were needed.
The order addressed expert disclosures. Lucas Trenshaw and Teresa Gardner anticipated retaining experts in fields including economics, accident reconstruction, trucking industry practices, human factors, toxicology, forensic pathology, and trucking safety. They also identified potential testimony from responding officers and the coroner.
Jennings anticipated retaining experts in accident reconstruction, economics, and other rebuttal areas. All State Enterprise anticipated retaining experts in accident reconstruction, transportation safety, and a medical specialty to be determined, and stated that it did not anticipate retaining more than one expert per specialty.
The court set deadlines for expert reports and rebuttal disclosures. Written discovery was required to be served 84 days before trial, and non-written discovery was to be completed 49 days before trial. A ten-day jury trial was scheduled to commence on March 9, 2026.
The order reflected a dispute concerning the applicability of the statutory cap on non-economic damages in wrongful death claims. Lucas Trenshaw and Teresa Gardner asserted that the facts could establish a “felonious killing” under Colorado law, which would remove the statutory cap on non-economic damages under C.R.S. § 13-21-203(1)(a). They referenced a Colorado Court of Appeals decision recognizing that a corporation could be subject to the felonious killing exception.
All State Enterprise denied that the circumstances of the accident satisfied the legal requirements for invoking the felonious killing exception and denied that any deviation from the statutory cap was warranted.
The order also noted a dispute regarding Jennings’s medical records. Jennings asserted that his medical records were privileged and had been improperly reviewed in a related criminal proceeding. He requested that no party or consultant review statements discussing information obtained from those records.
The case management order reflected that the parties discussed settlement. Lucas Trenshaw and Teresa Gardner stated that prospects for settlement were unlikely given minimal insurance limits. Jennings requested that the court set a mandatory alternative dispute resolution order. All State Enterprise stated that it remained amenable to resolution and would comply with any mandatory ADR order.
The court scheduled a pre-trial readiness conference and entered deadlines consistent with the Colorado Rules of Civil Procedure. The Amended Case Management Order was signed and entered by District Court Judge Lauren T. Swan on July 7, 2025.
On July 7, 2025, the District Court of Colorado, Custer County, entered the Amended Case Management Order governing discovery, expert disclosures, motion practice, and trial preparation in Trenshaw v. Jennings. The order set deadlines, addressed proportionality, and scheduled the matter for a ten-day jury trial beginning March 9, 2026.
If your family lost a loved one due to another party’s negligence, Whitcomb, Selinsky PC handles wrongful death claims under Colorado law. Contact us to discuss your situation with our team.