CROSSGROVE v. WAL-MART STORES, INC.

No. 09CA0689.

280 P.3d 29 (2010)

Larry CROSSGROVE, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. III.

June 24, 2010.


Attorney(s) appearing for the Case

Franklin D. Azar & Associates, P.C., Robert O. Fischel , Aurora, Colorado, for Plaintiff-Appellant.

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory , Steven R. Helling , Englewood, Colorado, for Defendant-Appellee.


Opinion by Judge ROMÁN.

In this personal injury case, plaintiff, Larry Crossgrove, appeals the judgment for damages entered on a jury verdict against defendant, Wal-Mart Stores, Inc. We conclude the trial court erroneously admitted collateral source evidence; therefore, we vacate the judgment as to damages and remand for a new trial on damages.

I. Background

Crossgrove was struck on the head by a manually operated overhead garage door while...

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