Case Study: No Loss of Property Value Verdict in Denver Jury Trial

A no-loss-of-property-value value verdict after a three-month long jury trial in Denver District Court.  The plaintiff class consisted of 1000 households who alleged that chlorinated solvent contamination in groundwater under their houses had caused vapor intrusion and other injuries to their property.  The class sought more than $300 million in damages for loss of property value, loss of use and enjoyment of the property, annoyance and discomfort, and funds to implement a different remediation than the one mandated by the state health department. The class asserted negligence, nuisance, trespass, unjust enrichment and strict liability claims.  The unjust enrichment and strict liability claims were dismissed on motion.  Although the jury awarded approximately $2 million in damages for annoyance and discomfort, the jury determined that non-parties designated under CRS 13-21-111.5 were responsible for more than half of those damages.  The Colorado Court of Appeals recently affirmed denial of the plaintiff class’s motion for new trial.

(Partners: Robert Lawrence, Tom Johnson, Gale Miller, Gail Wurtzler, and Adam Cohen)