AVERYT v. WAL-MART STORES, INC.

No. 11SA66.

265 P.3d 456 (2011)

In re Holly AVERYT, Plaintiff v. WAL-MART STORES, INC., Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 12, 2011.


Attorney(s) appearing for the Case

Perkins Coie LLP, Robert N. Miller , Stephanie E. Dunn , Michael A. Sink , Denver, Colorado, The Gold Law Firm, LLC, Gregory A. Gold , Greenwood Village, Colorado, Jeffrey R. Hill P.C., Jeffrey R. Hill , Colorado Springs, Colorado, Attorneys for Plaintiff.

Harris, Karstaedt, Jamison & Powers, P.C., Jamey W. Jamison , Alan Peter Gregory , Rita L. Booker , Englewood, Colorado, Greenberg Traurig, LLP, David G. Palmer , Brian L. Duffy , Denver, Colorado, Attorneys for Defendant.

Carter Boyle LLC, Nelson Boyle , Denver, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.


Justice RICE delivered the Opinion of the Court.

In this original proceeding under C.A.R. 21, we review the trial court's order granting Wal-Mart a new trial based on a purportedly untimely disclosure and a jury verdict that allegedly was not supported by the evidence and instead was the result of prejudice. We hold that the trial court abused its discretion in holding that Holly Averyt's attorney violated discovery rules when he failed to disclose a document from...

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