What Does a $353 Million Verdict Mean When a Cyclist Is Killed?
When you lose a loved one to someone else’s negligence and violence, the courtroom becomes a stressful place. A trauma chamber. A room where you’re forced to relive the worst moments you can imagine. You lose sleep. Your heart races. It’s like being stuck in a nightmare.
“Having the whole day that [Gwen] was killed reenacted in court for the jury was unbelievable,” Michael Inglis said.
No part of him wanted to do it, but he knew that he had to—in the hopes that it would prevent someone else from having to do the same in the future.
On May 16, 2021, Gwen Inglis was struck and killed by Ryan Scott Montoya while riding her bike in Boulder, Colorado. Montoya was driving his full-size four-door 2006 Nissan Maxima.
Montoya was under the influence of drugs and alcohol when he drove his vehicle into the 6-foot-wide bike lane that Sunday morning, striking Inglis from behind. Bike and car parts scattered the road upon impact. A trail of items such as Gwen’s shoe, helmet, cell phone, and other gear could be found several yards from the crash.
And Michael Inglis witnessed it all.
Gwen had pedaled ahead—she was going to ride a little longer and meet her husband back at home. She was still well within sight when Montoya nearly sideswiped Michael.
Montoya then crossed the white line into the bike lane and plowed into Gwen. A scene Michael will never forget. “He didn’t sideswipe her,” Michael said. “He didn’t hit her with his mirror, he put her on his hood.”
Montoya had previously been convicted of a DUI in 2014 and had been charged with a second DUI 10 days before he killed Inglis.
According to Montoya’s deposition, he was returning home when he struck Gwen, after an early morning of gambling in Central City, Colorado. He had been drinking vodka and smoking marijuana before he got in his vehicle. He was also sleep deprived and had smoked large quantities of methamphetamines within three days of the crash.
On June 7, 2022, Montoya was sentenced to eight years in prison in the criminal trial. He will be eligible for parole in 2025.
When the irreplaceable is lost
Gwen Inglis was a light in her cycling community. Just about everyone who rides bikes in Colorado and beyond knew and adored her. In less than 48 hours after her death, the community came together to dedicate a ghost bike at the location of the crash.
Nearly 200 people were there. The loss of Gwen hit the community in a way that seemed impossible to recover from. Michael knew that he needed to move forward with a civil case. He was represented by Megan Hottman, known by many as the Cyclist Lawyer and Richard Kaudy.
Why a civil trial was important
There are significant differences between criminal and civil trials. In a criminal trial, the district attorney and judge run the show. They decide what charges (if any) to file, and whether to offer a plea deal. They have limitless discretion in their decisions and judgements. From there, if the defendant pleads guilty, or if the jury finds the defendant guilty, it falls on the judge to decide the sentence.
Punishments in criminal cases range from prison, jail, work release, fines, community service, loss of driving privileges, and restitution. The DA represents the people of the county. Michael Inglis is not a named party.
In a civil case, the lawsuit is for monetary damages. The ability or inability of a defendant to pay a verdict in any civil case is irrelevant. Michael Inglis, the plaintiff, sues Ryan Montoya, the defendant.
Civil verdicts are not taxpayer debts, they are judgments against the defendant. In the civil case, lawyers ask for economic damages, non-economic damages, and in some cases (such as the Inglis case) punitive damages.
Beyond dollar amounts, civil cases set legal precedent, which is where the outcome of the case can be used to help future cases, and even new legislation, infrastructure, and stricter penalties.
“Imagine if drivers consistently knew that multi-million dollar verdicts are awarded in cases where drivers harm cyclists,” Attorney Hottman said. “That is the deterrent effect we sought here.”
Hottman and Kaudy also hope the case will stand as a preventative measure—that people hear about this case and realize there can be serious consequences. “We can only hope that Gwen’s death serves to save the lives of others,” Kaudy said. “By discouraging and deterring people impaired by drugs or alcohol, so they never get behind the wheel to kill or cripple anyone else.”
In the civil trial, which concluded December 6, 2022, the jury awarded a verdict of $353 million. “This is a very large verdict for Jefferson County or for Colorado in general,” Hottman said. “We really felt that it's indicative that this jury was really pissed off. They felt strongly that they didn’t want this to happen again.”
The verdict is composed of all three classifications of damages. “The one that we gave them some guidance on was the economic loss,” Hottman said. “The bulk of that was future wages. We provided testimony about that.”
The team also provided testimony and evidence of Gwen’s medical expenses incurred while trying to save her life, and funeral costs. That all falls under economic loss. “That one is easy because it involves receipts and W2s,” Hottman said. “On the non-economic loss side, that's when we said, ‘Tell us what Gwen’s life was worth and tell us what the pain, suffering, heartbreak, and trauma are worth.’ We gave them no guidance there.”
And finally punitive damages, which comprised most of the award—$250 million of the $353 million verdict. Punitive damages serve two purposes: to punish the driver, and to deter this conduct from other people.
“We gave them no guidance on that number either. We said, ‘You tell us what sends a message,’ and then they came up with the number," Hottman told Bicycling.
So what does $353 million actually mean?
A verdict of this size makes a statement, and in this case, it sets the bar for future cases involving cyclists and impaired drivers very high. “We hope that in future cases this verdict will be used and raised and brought up,” Hottman said.
This judgment will follow Montoya for life. It is not dischargeable through bankruptcy. Montoya will pay for his actions for the rest of his life.
Ultimately, the verdict is no real consolation. The sad reality is that no monetary value can be assigned to the loss of Gwen’s life, especially for her family.
“It was never about the money,” Julie Erffmeyer, Gwen’s sister, said. “It’s about change. We don’t ever want another family to go through what we went through, especially when it’s a repeat offender who admitted that he knew he was an addict in 2011, and did not take steps to change anything until he killed someone.”
Erffmeyer says she wants infrastructure changes to start immediately. “We want rumble strips, we want guardrails, we want things that can physically protect cyclists.” With so much loss, Gwen’s family is most interested in protecting cyclists, and all people, moving forward.
“This guy ended so much that day,” Michael said, of Montoya. “And he should never have been allowed to drive.”
Though it was a ways off, Michael and Gwen already had plans for their retirement. “We were going to buy a Sprinter van,” Michael said. “We found this app that helps you ‘chase 70-degrees.’ Every day for a year, your average temperature is 70-degrees. We were just going to chase perfect weather and go see all of our friends all over the country. This whole amazing adventure. And now it’s not going to happen.”
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