Ashley Larson and Katie Johnson obtained a favorable jury verdict for their retail client following trial in Broomfield County District Court. The plaintiff and her family were shopping at a retail store and completed multiple transactions at different locations throughout the store, resulting in confusion over whether merchandise had been paid for. When employees asked for the receipt, the plaintiff refused, escalated the incident, and an altercation ensued. The plaintiff alleged that she was injured by the defendant’s employees, causing injuries to her shoulder and cervical spine. The defendant admitted liability, asserted that the plaintiff was comparatively negligent, and disputed that the incident caused the plaintiff’s alleged injuries.
At trial, the plaintiff asked the jury to award her $2.5 million dollars, including $470,000 in past medical expenses related to five shoulder surgeries and a cervical spine fusion. She also claimed cognitive communication deficit secondary to anesthesia, and ongoing pain and suffering and permanent impairment.
The jury agreed with the retailer and found plaintiff 40% comparatively negligent. The jury awarded plaintiff $10,000 in past medical expenses, $75,000 for noneconomic damages, and no impairment. The award was reduced to $51,000 for the plaintiff’s comparative fault. The award was less than the retailer’s statutory offer of settlement three months before trial.
