Averyt v. Wal-Mart Stores, Inc.

In lieu of seeking any immediate relief that might have mitigated the perceived prejudice of Averyt's disclosure on the second day of trial, Wal-Mart instead made a tactical decision to introduce the Greeley report into evidence and use it to question Wal-Mart's designated corporate representative. The next morning, Wal-Mart turned over nearly seventy pages of previously undisclosed doe-uments corroborating the existence of the spill, and shifted the focus of its defense to its clean-up efforts. Having made this tactical decision and lost, Wal-Mart cannot now claim unfair prejudice justifying…