Court Denies Plaintiff’s Motion for Judgment Notwithstanding the Verdict – Nunez-Hurtado v. Rupe

October 2016

Nunez-Hurtado v. Rupe, Civil Action 15CV31629, Arapahoe District Court. After a two and a half day jury trial the jury returned a verdict in favor of Defendant, finding that Defendant was not negligent in this rear-end motor vehicle accident. Plaintiff moved the Court to override the jury’s verdict and enter judgment in favor of Plaintiff on the issue of liability and order a new trial solely on the issue of damages. Plaintiff argued that Defendant failed to rebut the rear-end presumption of negligence as there was allegedly no evidence that Plaintiff’s sudden stop was unwarranted, and that Defendant should not have been permitted to argue at trial that a third vehicle was responsible for the accident because Defendant did not designate a non-party at fault. Defendant argued in opposition to Plaintiff’s Motion that regardless of the actions of any other party, the evidence at trial showed that Defendant simply was not negligent. The Court agreed with Defendant, finding that Defendant presented substantial evidence at trial that her conduct at the time of the motor vehicle accident was reasonable and not negligent.