Legal Opinion
Garcia v. Wal-Mart Stores, Inc.
Court of Appeals for the Tenth Circuit
Decided April 14, 2000No. 98-1300, 98-1315PublishedCited by 27 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
While shopping at Wal-Mart, Mary Garcia, sole owner of a small business, was knocked to the floor by a Wal-Mart employee pushing a cart. She brought a diversity suit against Wal-Mart Stores, Inc. (“Wal-Mart”) in federal district court, alleging negligence, and the jury awarded her damages. We must determine whether the district court erred in declining to instruct the jury on the issues of mitigation and apportionment of damages and in failing to award Garcia “actual costs” pursuant to a Colorado cost-shifting statute, Colo.Rev.Stat. § 13-17-202(1)(a)(I) (1999). We…
2Cases cited23 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Hanna v. PlumerSupreme Court of the United States · 1965
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- Abrams v. Lightolier Inc.Court of Appeals for the Third Circuit · 1995
- Trierweiler v. Croxton & Trench Holding Corp.Court of Appeals for the Tenth Circuit · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jones v. United Parcel Service, Inc.Court of Appeals for the Tenth Circuit · 2012
- Camfield v. City of Oklahoma CityCourt of Appeals for the Tenth Circuit · 2001
- Kendrick v. PippinSupreme Court of Colorado · 2011
- Goldberg v. Pacific Indemnity Co.Court of Appeals for the Ninth Circuit · 2010
- Stender v. Archstone-SmithCourt of Appeals for the Tenth Circuit · 2020
22 more not listed; retrieve them via the Exa API.