Walmart Must Pay $10M Judgment To Holly Averyt, Truck Driver Who Slipped: Colorado Supreme Court

DENVER -- A truck driver who slipped and fell on ice and grease while making a delivery to a Walmart 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.

"We respectfully disagree with the court's opinion," Wal-Mart spokesman David Tovar said. "We're continuing to focus on operating a safe shopping and working environment in all our stores."

Comments

[raanghaus]

11:26 AM on 11/09/2011

after taxes lawyers fees and hospital bills she will get 10 bucks and denied social security

[hoeslappaent]

03:03 PM on 11/09/2011

lmao

[Carla Rae H]

10:33 PM on 11/08/2011

Reading over the comments here you would think that WalMart was the most evil empire and needs to be toppled!

I'm so sick of hearing people complain about WalMart. It seems those who are doing the griping don't ever stop to think about what would happen if WalMart just decided to go out of business and keep the billions they have earned. WalMart employs a large section of our populace and yet people have nothing but bad things to say about them. I almost wish they would go out of business just so the whiners would see how it would cripple Americans.

People need to grow up and stop hating others simply because they have earned more money than them. WalMart is not the evil empire. They provide goods at a decent price and, more importantly, they employ many people who would no doubt become homeless and very hungry without those jobs.

[jdavies77]

10:13 PM on 11/08/2011

I believe WalMart should be responsible for any injury if they are found negligent. That said, they should be responsible for her medical bills and lost wages. Even if all 3 surgeries totaled $200,000 and they paid her her current salary until dies, we'll call he current salary $60k and let's say she'll die at 100 years old.

That's $200k for medical and $60k for the next 59 years, that totals $3.5 million dollars. How does one justify her being awarded 3 times this amount?

KNowing that truckers are 80% more likely to have back issues than any other occupation, I would have to wonder if the surgeries were from this fall, or years of back problems getting taken care of at WalMarts expense.

I'm all for her being compensated, but lawyers are making way too much on petty things nowadays.

[dknowles60]

01:50 AM on 11/09/2011

great one

[babbs0128]

09:37 PM on 11/08/2011

Couldn't have happened to a more deserving company!

[biarritz84]

09:35 PM on 11/08/2011

WHAT KIND OF SHOES WAS SHE WEARING? If it's Winter there can be ice and you have to be careful. I have slipped and fell on ice that I did not see under a layer of snow at work and at home, it hurts pretty bad but it is no-body's fault but maybe you own for not being careful and wearing shoes with good traction.

[metalsmithgirl71]

09:41 PM on 11/08/2011

did you not read? there was grease from an improper trap or something.

[sumvette]

11:43 PM on 11/08/2011

Don't be so quick to judge ... "A truck driver who slipped and fell on ice and grease while making a delivery...".

[lnl80388]

09:18 PM on 11/08/2011

Prices will be going up at Walmart because of this stupid lawsuit!
You see if Walmart has to pay this ridiculous award they will just pass it on to YOU the customer!

[janroc67]

09:37 PM on 11/08/2011

3 spine surgeries is stupid??

[Serena Philips]

09:54 PM on 11/08/2011

Stupid because so much was awarded. Personally, if people don't like it, then shop somewhere else. I agree with 1nl80388-you, the customer, will be paying for it.

[agb1953]

09:45 PM on 11/08/2011

Yes, it's called business. You don't have to shop there, you know. Instead, why don't you go shop where the costs of doing business (like the costs of lawsuits) aren't passed on by the business to the customers. Oh wait! There isn't such a place except those run by the government. (I hate comments made by people educated by the state.)

[ericsvarietyshow]

09:17 PM on 11/08/2011

"We're continuing to focus on operating a safe shopping and working environment in all our stores." HA! Walmart can't go 10 days without having an accident in their store, associate or customer. We're so shortstaffed all the time that its a dangerous environment to work in. That and the fact that everything is so rushed makes it even worse. Its sad that someone had to get hurt like this, but I love seeing walmart getting forced to cough up some dough. Give the company another 10-15 years and they'll either be gone or starting to go kaput if they keep treating their employees like they do.

[Lisa Shisler]

09:09 PM on 11/08/2011

granted walmart was wrong and she should receive some money but damnnnnnnnnn $10 million. she would never have earned that in a million years driving a truck. sorry she was hurt but that is BS.

[dknowles60]

01:51 AM on 11/09/2011

great one

[Henssis1]

09:06 PM on 11/08/2011

YEA!!!!

[dugandob]

08:52 PM on 11/08/2011

I'm sorry this person hurt themselves. But I'd like to say that I wish most of the Truck drivers would have to go back and take the driving test again. I've seen so many Truckers driving recklessly lately. I have to travel I-44 around Joplin and I feel like I'm taking my life in my own hands just getting on that highway. The truckers drive like they own the road tailgating and driving in the left hand lane going up hill which slows traffic down. Each day I step out and go to my car I say a prayer that I get back home safely

[andrewprem]

09:32 PM on 11/08/2011

The truckers do own the road. The majority of truck drivers on the road are by far better a driver then the average Joe or Jane behind the wheel. Plus what they pay in toll, taxes, fees. Well, just go a head and get in their way, and you''ll be part of the road.

[Alexandrite76]

09:49 PM on 11/08/2011

I must disagree with you - A few years back, I was hit by an 18 wheeler, and he just kept on going, middle of broad daylight, and took my entire side of my car off like a can opener. Luckily my children were not in the car with me, but they do not all drive safe. I have seen them swarving off the side of the road plenty of times.

[dknowles60]

01:54 AM on 11/09/2011

great one

[JB1234]

09:45 PM on 11/08/2011

As the way we would say in the old days Drop a Dime on them (call 911) if they are tailgaiting, that is reckless driving and a CDL driver will lose there driver lic. over that.

[johneudicone]

08:45 PM on 11/08/2011

Walmart is a great place to shop, but people RESENT how they treat those who work for them. People would not want to see them "punished" if they weren't so damn greedy!

[jfin2202]

08:19 PM on 11/08/2011

That's like me having to pay her, oh, 11 cents!

[pfreddie88]

08:19 PM on 11/08/2011

Walmart lied? I shocked, shocked I tell you!

[pfreddie88]

08:17 PM on 11/08/2011

An awful lot of facilities put their narrow service entrace on the bad side of the building , and then don't maintain the sidwalk around it. Why should they care? It's only truck drivers that use it. Maybe it is excessive, but at least this might get them to start acknowledging the people who deliver their products.

[irocker350]

09:22 PM on 11/08/2011

I spent 4 yrs delivering groceries to Wal Mart stores all over California and it is obvious that not much thought was given to HOW trucks would get in and out with 53' long trailers when many of these stores were built, some are extremelly difficult to get to the dock having to go thru costumer parking areas, some are real easy but some are very dificult at best.
more than once I got stuck at the dock on ice covered dock drive ramps, got in but could not get out unassisted, Yes, in winter, dock areas are fairly neglected, as far as ice removal, I'm sure that will change after this $15 mil. lesson but then again, maybe not

[joellen835]

08:16 PM on 11/08/2011

Something needs to change in our laws. The average worker who becomes permanently disabled on the job would receive Labor & Industries comp. for the rest of their life and/or ss.disability. That amount would be miniscule. But, get injured on the job where you can sue some big company, and whoopy dedoo! What the heck is wrong with our courts that these unseemly amounts are awarded? The results are, the rest of society has to pay much higher prices for their goods and services. So, fine the companies in violation of safety laws, but don't award millions to one individual. This same scenario is carried out against doctors and hospitals every day of the week. If it weren't for these obsene awards, the cost of medicine would be a lot lower too. I think when a worker is injuried on the job, they should be entitled to labor & industries coverage, and that amount should be a little higher than it is, but that's it. And, when a private party is injured, there should be a limit on what that person can recoup in a lawsuit. When are we going to get some common sense back into this society? I'm getting too old to wait much longer, to see it happen.

[momma punk]

09:36 PM on 11/08/2011

What does the cost of medicine have to do with this story? Wal mart should have kept up its grease trap. If they would have done that she would not have gallen and she would not have been rewarded 10 mill. which was reduced from 15 mill. because of a cap on damages in a lawsuit. She had several expensive surgeries on her back, I'm sure she has some out of pocket expenses to pay, she lost her truck, her lawyers will receive a huge chunk of change from it also, she may not be able to go back to work... So WM should have taken better care of its responsibilities. Also, WM has insurance that will cover at least some of the money she was rewarded.

[joellen835]

09:53 PM on 11/08/2011

What does the cost of medicine have to do with this story? Simply put, the more a business, or a hospital, or a doctor pays for malpractice insurance, or in this case, liiability insurance, the more their insurance goes up. The insurance company doesn't lose, and neither do the lawyers. But you do, when that cost is passed on to you, and to me, and to my neighbors. After a while, the only ones making money are the lawyers and the insurance companies. I can't put it any simpler than that.

[joellen835]

09:54 PM on 11/08/2011

Correction.......the more a company or a doctor or a hospital is sued, the higher their insurance rates go, and that cost is passed on to you.

[dknowles60]

01:55 AM on 11/09/2011

great one