Averyt v. Wal-Mart Stores, Inc.
Colorado Supreme Court
265 P.3d 456 (2011)
Holly Averyt (plaintiff), a commercial truck driver, slipped on grease while making a delivery to a Wal-Mart store (defendant), injuring her shoulder, neck, and spine. The injuries ended her trucking career and left her with chronic pain, depression, insomnia, and a noticeable personality change, according to both medical testimony and friends. A jury awarded Averyt several million dollars, including non-economic damages, which the trial court reduced under a statutory cap before granting Wal-Mart a new trial. Averyt appealed directly to the Colorado Supreme Court.
Whether a plaintiff can be awarded non-economic damages for past and future physical and mental pain and suffering, inconvenience, emotional distress, and impaired quality of life.