Mukendi v. Schrock
24CA0740
Colo. Ct. App.Jul 3, 2025Background
- This case arises from a head-on car collision where Schrock’s vehicle crossed the center line, seriously injuring Mukendi.
- Mukendi received emergency treatment and multiple surgeries at two Level 1 trauma centers, followed by a month in rehabilitation, resulting in nearly $740,000 in medical bills.
- Mukendi sued Schrock for negligence and negligence per se, seeking damages for medical expenses.
- At the first trial, the defendant's expert, Lacy, was excluded; the jury awarded nearly $775,000 to Mukendi. Appellate remand ordered a new trial on economic damages due to the exclusion of Lacy’s testimony.
- On remand, the trial court again excluded Lacy’s testimony on reliability grounds but allowed Mukendi’s summary of medical bills into evidence. The jury awarded Mukendi approximately $765,000 in economic damages.
- Schrock appealed, arguing (1) the court erred by denying a directed verdict and (2) excluding Lacy’s expert testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of medical bill summary (CRE 1006) | Bills are the best evidence; summary accurate | Summary inadmissible—lack of proper foundation and purported inaccuracies | Summary admissible; no abuse of discretion |
| Directed verdict on reasonableness/necessity | Amount billed is some evidence of reasonable value; no expert needed | Not enough evidence of reasonableness/necessity without expert testimony | Sufficient evidence; directed verdict denied |
| Exclusion of defense expert’s value testimony | Lacy’s methodology unreliable | Lacy’s analysis is sufficiently reliable | Exclusion was within the trial court’s discretion |
Key Cases Cited
- Palmer v. Diaz, 214 P.3d 546 (Colo. App. 2009) (standard for proving and computing damages for medical expenses)
- Lawson v. Safeway, Inc., 878 P.2d 127 (Colo. App. 1994) (evidence of amounts billed is some evidence of reasonable value)
- Est. of Ford v. Eicher, 250 P.3d 262 (Colo. 2011) (CRE 702 expert admissibility and reliability factors)
- People v. Shreck, 22 P.3d 68 (Colo. 2001) (factors for admitting expert testimony)