The District Court of Colorado recently heard Plaintiff’s Motion for a New Trial Based on Insufficiency of Evidence Supporting the Verdict after a jury returned a verdict for the Defendants.
Defendants own and graze cattle on Parcel 079 (“the parcel”) located near a highway in western Colorado. The parcel was partially fenced by both the Colorado Department of Transportation (“CDOT”) and Defendants, but there were unfenced areas where cows could escape the property and wander onto the highway. This unfenced area was near natural barriers such as steep hill grades. Plaintiff was a passenger in a vehicle traveling on the highway when it struck a cow owned by Defendant that had recently been hit in a separate, unrelated automobile collision. Plaintiff was gravely wounded and lost her right arm. She sued for damages, alleging common law negligence.