Goodell DeVries Blog

Goodell DeVries Persuades Colorado Trial Court to Vacate $7M Judgment

Written by GDLD | 7.6.26

Derek Stikeleather and Kelly Hughes Iverson obtained an important post-trial win for a Denver-area LASIK provider, persuading a Colorado trial court to overturn an adverse verdict and judgment exceeding $7 million. At trial, the plaintiff airline pilot convinced jurors that his LASIK procedure complications would cost him his piloting career in less than a decade and millions of dollars of future earnings. Brought in after the verdict, the Goodell DeVries team scoured the trial transcripts for flaws in the plaintiff’s trial proof and moved for judgment notwithstanding the verdict. After extensive briefing, the trial court agreed that Colorado’s corporate practice of medicine doctrine barred the direct liability claims against the LASIK provider and that plaintiff’s expert’s testimony failed to establish a breach of the professional standard of care. The Court granted the Goodell DeVries team’s motion on both grounds and vacated the entire $7 million judgment.