Arapahoe County District Court judge Charles Pratt has dismissed a $1.2 million personal injury verdict against American Furniture Warehouse and ordered a new trial.
Centennial resident Violet Yokomichi sued American Furniture after she broke her hip on Dec. 30, 2012, after falling off a low ledge at the store at 8281 S. University Blvd.
A jury assigned two-thirds of the liability in the accident to American Furniture and one-third to Yokomichi, who was in line to receive $800,000, one of the largest ever judgements against the retailer.
But Lasater & Martin, the firm representing American Furniture, fought for a retrial. It argued a witness made prohibited references to insurance and that The Gold Law Firm, which represented Yokomichi, made last-minute and improper disclosures that swayed the jury.
That included photos showing other display areas at the store with protective railing, even though the area where the fall occurred was part of an emergency exit path, meaning it couldn’t be railed off.
“There is no question in our minds that the jury was improperly influenced by one of the factors listed in the judge’s order — which supports the judge’s decision to throw out the verdict,” said Scott Lasater, an attorney representing American Furniture.
Lasater notes that if a plaintiff is assigned half of more the responsibility for an injury, he or she can’t recover damages under Colorado law.
Pratt could have reduced the amount the jury awarded instead of ordering a new trial. But he said in his order the amount awarded was beyond what the plaintiff had sought, which indicated to him that the disclosures in question had biased the jury.
Pratt also noted that the surgery to repair Yokomichi’s hip was successful and that she had failed to prove ongoing economic losses.
“Her doctor did testify the surgery was a success, she was not experiencing any pain, and could walk fine,” Pratt said.
Yokomichi’s attorneys said they will appeal the decision and try to head off a new trial.
“We believe once the court has an opportunity to review the formal record it will reconsider this important case and restore the hard work the jury did in reaching its reasoned verdict,” said Sommer Luther, an attorney with The Gold Law Firm, which is based in Greenwood Village.
The Gold Law Firm faced a similar situation when the defense tried to overturn a $15 million award to Cheyenne truck driver Holly Averyt, who was injured while unloading at a Greeley Walmart.
A Weld County judge ordered a new trial, but the Colorado Supreme Court upheld the verdict, although the total award was reduced to $10 million due to state limits on pain and suffering awards.
