Wal-Mart to pay trucker $10M for greasy ice fall

(AP) 

DENVER - A truck driver who slipped and fell on ice and grease while making a delivery to a Wal-Mart store in northern Colorado can collect a nearly $10 million award after the state Supreme Court upheld a jury verdict in the case on Monday.

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. Her lawyers presented city documents during the original trial that showed some grease from the store's deli didn't get trapped in a device designed to keep it from getting into the sewer.

Wal-Mart Stores, Inc., told jurors there had been no grease spill at the store in Greeley.

A jury awarded $15 million to Averyt 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."

Wal-Mart had also said in its appeal 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 attorneys 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.

Justices reduced the award amount by about $5 million because of a state cap on non-economic damages.

Averyt attorney Bob Miller said "justice was done" with Monday's ruling. Attorneys for Wal-Mart and a company spokesman didn't return a call and email seeking comment.

[SaveMoneyatWalmart]

I wonder how much the lawyers got?
www.GroceryShopforFREEatTheMart.com

[credibility2]

I feel the amount is excessive. However, despite the surgeries, she will get progressively worse in her older age. Falls and traumas like this lead to degenerative arthritis and make it miserable and painful to get around. Wal-Mart can still take this to the U.S. Supreme Court. The woman shouldn't start planning just yet what she's going to do with the money that's left after she pays her attorneys and any medical bill recovery.

[jscott418]

You know its sad how many people take advantage of simply accidents if they know they can get money out of a company or a person. I do think its a shame that it happened and that if proven neglect on Wal Mart's part should be at least helped out with her loss of work and medical bills. But we do know lawyers will see a lot of this settlement which is very sad indeed.

[jcnbma]

Oh F%^K, my deodorant's going to go up now.

[Hutterite]

As much as I dislike walmart, I dislike injury lawyers even more.

[jose_z1]

$10 million
- 4 million (40% lawyer fees)
- 3.5 million (35% in federal taxes) probably more
- 250k (colorado state taxes)
=============
$2.25 million left over

I give her 3 years before its all gone...
.
.
.

[JavMD]

THANKS for breaking that down for us ! The world needs more people who make decisions based on data. Initially I thought it was excessive. But $2 million for all that surgeries etc...
you left out 'medical' bills...

I will still shop Walmart... if they stock MORE- MADE IN USA ! and less "China"..

[legalbutnotjust]

You forgot to note that the state taxes are 2.5% in your math. That's not very much, compared to what you claim the IRS would take.

[RunsWithWolves]

Wow.....that's a lot of money. Imagine what she would have gotten had she slipped and hurt herself on a delivery to Joe's Mom and Pop Comic Book Shop? Nothing.

Lesson : If you are going to go and get yourself hurt.....you better make sure it happens on the property of a very well insured and large company with deep pockets........kinda like ....Wal Mart.

[payasyougo]

Tort. The other state lottery.

[longtree-2009]

after her lawyers take their cut, probably taxes have to paid on the award too. the truck driver won't have that much left over for long term care especially if she doesn't protect the award from impulsive spending, etc.

[baileyccc]

It is about time that Walmart insurance company pay something.