Averyt v. Wal-Mart Stores, Inc.

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 the City of Greeley that he received while Wal-Mart was making its opening statement. Further, we hold that the jury's verdict is supported by the evidence and is not the result…