Our law firm was not involved in the personal injury lawsuit
described in this article.
A woman who fell and was in injured appealed the trial court results. She unsuccessfully argued her appeal without the assistance of an attorney. She injured her ankle when she slipped on a substance on the floor in a Safeway grocery store sued seeking $89,397.94 in medical bills, $250,000 in lost wages and the cost of a college education, and an unspecified amount of general damages, including damages for mental pain and suffering and emotional distress.[1]
In her sworn deposition she testified that she had been unable to work and also disclosed proposed medical and employment experts, who opined that because of her injury, she was only suited to sedentary work.
In the weeks leading up to the trial date, a former roommate unexpectedly contacted counsel for Safeway and provided them information challenging the claims about employment and physical condition. In addition, two weeks before trial, one of Hurley’s experts inadvertently disclosed tax records showing Hurley had worked at various jobs, primarily bartending, during the period she had testified in her deposition that she had not worked. This information led counsel for Safeway to discover additional information about Hurley contained in internet advertisements, a loan application, and a bankruptcy filing.
The jury returned a verdict awarding only $1,200.00 in special damages and no general damages. The court did grant an additur, which Safeway accepted, awarding Hurley $3,500 for pain and suffering general damages.
The plaintiff appealed seeking a new trial. The Washington Court of Appeals upheld the trial court. The Court held that the trial court did not err in refusing to exclude the defense medical expert’s testimony for alleged discovery violations when the court found the delayed disclosure of the expert’s testimony was caused by the plaintiff’s conduct withholding evidence; that substantial evidence supports the jury’s award of only a portion of the claimed special damages; and that she did not show she was prejudiced by the court’s accurate jury instruction directing that no damages for emotional distress could be awarded.
[1] Hurley v. Safeway Stores, No. 63361-9-I (May 3, 2010)(unpublished opinion).