Colorado Supreme Court Upholds Wal-Mart Work Accident Damages Award

July 21, 2012 (Press-News.org) Colorado Supreme Court Upholds Wal-Mart Work Accident Damages Award

An injury to a worker triggers a range of legal concerns, from whether workers' compensation coverage will provide sufficient benefits to whether someone other than the employer can be sued. For instance, when an employee is injured in a truck accident that was caused by another driver who is not a co-employee, motor vehicle liability insurance coverage can provide additional to workers' compensation. This is known as third-party liability.

As with other personal injury cases, workers injured on the job frequently enlist an attorney to help them assert their rights and assess the value of a fair settlement. When disputes are litigated, a personal injury lawyer must work diligently to protect a client's interests from legal maneuvers by the opposition. A recent Colorado Supreme Court decision, Averyt v. Wal-Mart, was resolved in favor of a commercial truck driver who was injured when she slipped on grease during a delivery at a Wal-Mart store in Greeley.

In this case, the truck driver's lawyer made a last minute discovery of city records that documented the presence of a grease spill that Wal-Mart had denied ever existed. After the lawyer cross examined a Wal-Mart representative based on this knowledge, the company then maintained that although the spill occurred, it had cleaned up the spill and then produced records of the clean up.

When the jury awarded $15 million in damages to the plaintiff, Wal-Mart moved for a new trial, arguing that the plaintiff's non-disclosure of the grease spill evidence before trial led to surprise and unfair prejudice against Wal-Mart. The trial court agreed with Wal-Mart's arguments and set aside the verdict, stating that the jury's award of damages was not supported by the evidence. The plaintiff appealed.

The Supreme Court of Colorado disagreed with the trial judge, finding that the report in question was a public document that the plaintiff did not have a duty to disclose under Colorado's Rules of Civil Procedure. In addition, the appellate court reversed the trial judge's finding of unfair prejudice. The Supreme Court noted that any prejudice the jury held toward Wal-Mart was due to Wal-Mart's own actions in failing to acknowledge the dangerous condition on its loading dock floor.

From Trial to Appeal: Litigating Strategically to Protect a Client's Interests

When a worker suffers an injury on the job, his or her steady income and long-term employment stability can be jeopardized. When the injury is severe enough to cause physical impairment and vocational disability, obtaining compensation (damages) that meets the person's long-term needs is essential.

By explaining the prospects for settlement, and the likelihood of success at hearing or on appeal, work injury attorneys can help injury victims make the most of their legal options. If the employer and another person or company is liable, both a workers' compensation claim and a separate personal injury lawsuit may be appropriate.

Article provided by Killian & Davis, P.C.
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