The Colorado Supreme Court has upheld a jury verdict in the case involving a truck driver who slipped and fell on ice and grease while making a delivery to a Wal-Mart store in northern Colorado. The jury, after hearing the evidence, awarded nearly $10 million. The driver, 41-year-old Holly Averyt of Cheyenne, Wyo., had to undergo three spine surgeries, was unable to return to work, and lost her truck. City documents were introduced during the original trial that showed grease from the store’s deli didn’t get trapped in a device designed to keep it from getting into the sewer.
A jury awarded $15 million to the Plaintiff in November 2010. 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.”
The Supreme Court’s ruling threw out the order for a new trial, saying the Plaintiff’s lawyers 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 the Bentonville, Ark., company was due to its initial refusal to produce evidence or admit the existence of the grease spill. The Justices reduced the award amount by about $5 million. Bob Miller represented the Plaintiff and did a very good job.
Source: Associated Press
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