AVERYT v. WAL-MART STORES, INC.

No. 12CA0644.

302 P.3d 321 (2013)

2013 COA 10

Holly AVERYT, Plaintiff-Appellee. v. WAL-MART STORES, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

January 17, 2013.


Attorney(s) appearing for the Case

Perkins Coie LLP, Robert N. Miller , Stephanie E. Dunn , Zane A. Gilmer , Denver, Colorado; The Gold Law Firm, LLC, Gregory A. Gold , Greenwood Village, Colorado; Jeffrey R. Hill, P.C., Jeffrey R. Hill , Colorado Springs, Colorado, for Plaintiff-Appellee.

Greenberg Traurig LLP, David G. Palmer , Brian L. Duffy , Denver, Colorado; Harris, Karstaedt, Jamison & Powers, P.C., Jamey W. Jamison , Rita L. Booker , Englewood, Colorado, for Defendant-Appellant.


Opinion by Judge BERNARD.

¶ 1 As a general rule, if a plaintiff obtains a money judgment in a personal injury tort case, section 13-21-101(1), C.R.S.2012, requires the trial court to add post judgment interest to the amount of damages that the jury has awarded. Such interest shall be calculated at the rate of nine percent per annum, and it shall be compounded annually.

¶ 2 The statute contains an exception. If the judgment debtor — normally...

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