The Colorado Supreme Court upheld a jury verdict allowing a female truck driver who slipped and fell on spilled grease at a Greeley, CO, Wal-Mart store to keep a nearly $10 million award.
On the second day of the original trial, 41-year old Holly Averyt’s lawyers found a city document backing up her claim that she fell at the site of a greasy spill at the big box store. Until that point Wal-Mart had told jurors no spill had occurred.
Following her fall, Averyt underwent three spine surgeries, was unable to return to work and lost her truck. The jury awarded her $15 million in November 2010, the largest slip-and-fall judgment in the United States. Wal-Mart appealed and a lower court granted the company a new trial, saying the award was “excessive, not supported by the evidence and could only be the result of prejudice and bias and the jury’s desire to punish Wal-Mart.” Wal-Mart argued that Averyt’s attorneys failed to disclose the city documents.
The Supreme Court’s ruling on Monday threw out the order for a new trial, saying Averyt’s attorney’s had no requirement to disclose a document that could be easily found in public records. The court also said any prejudice the jury may have harbored toward Wal-Mart was due to its initial refusal to produce evidence or admit the existence of the grease spill. The Justices then reduced the award by about $5 million because of the state’s cap on non-economic damages.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Civil Remedies Updates, Personal Injury Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Lawyers.com | Attorney Advertising