Legal Opinion

Crossgrove v. Wal-Mart Stores, Inc.

Colorado Court of Appeals

Decided June 24, 2010No. 09CA0689PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge ROMAN.

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 delivering cookies to a Wal-Mart store. Based on a negligence theory, he sued Wal-Mart for injuries, claiming in pertinent part over $240,000 in billed…

2Cases cited30 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Vigil v. FranklinSupreme Court of Colorado · 2004
  3. Robinson v. BatesOhio Supreme Court · 2006
  4. Corsetti v. Stone Co.Massachusetts Supreme Judicial Court · 1985
  5. Moorhead v. Crozer Chester Medical CenterSupreme Court of Pennsylvania · 2001

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3Cited by8 opinions

  1. Wal-Mart Stores, Inc. v. CrossgroveSupreme Court of Colorado · 2012
  2. Volunteers of America v. GardenswartzSupreme Court of Colorado · 2010
  3. Mary K. Patchett v. Ashley N. LeeIndiana Supreme Court · 2016
  4. Forfar v. WalmartColorado Court of Appeals · 2018
  5. Volunteers of America v. GardenswartzSupreme Court of Colorado · 2010

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