Greeley, Colorado – A man who suffered severe injuries while working at a fracking site in northern Colorado has been awarded $30 million in a federal court case. However, due to state laws that place limits on jury awards, the man will only receive about half of that amount. This case has brought attention to the issue of caps on damages in Colorado, with a group called Coloradans for Accountability advocating for the elimination of these limits through a measure on the ballot this November.
Steve Straughen, the injured worker, is just one of many who have been affected by these caps. Critics argue that removing the caps would ensure that individuals like Straughen, who have experienced life-altering injuries, receive fair compensation to move forward with their lives. In 2019, Straughen was working on a frac tank north of Greeley when it exploded, causing him to be thrown into the air and sustain multiple injuries. His injuries included broken bones, head trauma, and the eventual amputation of his leg.
Straughen’s attorney, Kurt Zaner, expressed disappointment in the caps, stating that a significant portion of the awarded amount will not be paid out. Zaner explained that the jury was not aware of the caps and that the money allocated for damages above the cap would not be paid. For Straughen, who lost his leg in the incident, the law limits the maximum compensation for pain and suffering to $500,000 for his entire life.
Proponents of removing the caps point to studies conducted in other states without such limits, which have not shown negative effects on companies or insurance premiums. They argue that it is unfair for a legislator to determine the amount of suffering and pain someone has experienced, overriding the decision of a jury.
Opponents of removing the caps, however, believe that passing such measures would lead to increased costs for consumers. They argue that astronomical verdicts would cause insurance premiums to rise, passing those expenses onto the public. Additionally, they claim that the removal of caps on pain and suffering damages could lead to medical specialists opting out of higher risk procedures.
Various groups have proposed alternative solutions. Coloradans for Attorney Accountability supports ballot initiatives that would cap attorney contingency fees in personal injury cases and require lawyers to disclose litigation costs to clients. Another group, Coloradans Protecting Patient Access, supports a bill that seeks to increase the cap on non-economic damages for medical malpractice cases.
Ultimately, the decision on whether to remove the caps on jury awards will be left to the voters in November. Ballot initiative 150, supported by Coloradans for Accountability, is scheduled to proceed after receiving a title and finalized language from the title board on March 6th.
Throughout the state, this issue has highlighted the importance of fair compensation for individuals who have suffered life-changing injuries and ignited a debate over the role of caps on damages in the legal system.