According to the November 23, 2009 Jury Verdct Reporter of Colorado (which I assume got held up in the mail somewhere), there was a trial last summer in El Paso County District Court involving a sub-subcontractor (Barnett) claiming to have been injured on a residential construction site.  Barnett claimed to have been injured when he fell off a ramp leading to the entrance of a townhome that was under construction, injuring his knee resulting in physical impairment and physical limitations.  According to the defendant, Peak Framing, Barnett had walked up and down the ramp several times on the day of the accident before he fell.  There were no witnesses to the accident.  The final demand before trial was $48,750 and the final offer was $15,000.  After a four-day jury trial, the jury returned a verdict for the defendant.

In an interesting twist, the jury was advised that the plaintiff held a medical marijuana certificate, which, according to the plaintiff, was needed to alleviate the knee pain from his construction site fall.  According to the defendant, the plaintiff had also applied for a medical marijuana certificate for neck pain.

For additional information regarding Colorado construction litigation, please contact David M. McLain at (303) 987-9813 or by e-mail at mclain@hhmrlaw.com.