The $15 million awarded to a trucker seriously injured at a Greeley Wal-Mart — the largest slip-and-fall judgment in the United States — should stand, the Colorado Supreme Court ruled late November.
Holly Averyt, who said she was thankful not to face another trial, will receive a little more than $10 million because state law limits the noneconomic damages of her award to $366,250. Averyt, 41, is no longer able to drive a truck and suffers from incontinence and chronic pain as a result of her 2007 injuries. Experts testified that she suffers from bouts of depression and emotional distress.
The Weld County case was unusual in that a day into the trial, Averyt's attorneys found a city document backing up her claim that she fell at the site of a grease spill at the Greeley Wal- Mart. Representatives of Wal-Mart until that point, had denied any spill occurred.
District Court Judge William West then granted Wal-Mart a new trial on the grounds that the late discovery harmed the corporation's case. But the high court disagreed.
A spokeswoman for Wal-Mart could not immediately say whether there were further legal steps the corporation could take.