Holly Averyt v. Wal-Mart Stores, Inc., 2013COA10 (January 17, 2013)

Time is money, especially to a judgment creditor. Here, a jury found for Plaintiff in a slip-and-fall case. But the trial court vacated the judgment and ordered a new trial. Plaintiff appealed to the Supreme Court, which reinstated judgment. The trial court awarded damages and post-judgment interest at the statutory rate of 9%. On appeal again, Defendant argued that the correct post-judgment interest rate should be the market-based rate, currently at 3%, used if a judgment debtor appeals. The court of appeals disagreed, holding that CRS 13-21-101’s appealing-judgment-debtor market rate does not apply to a judgment creditor who appealed after judgment was vacated, because a favorable judgment had been entered. Separately, though Defendant’s challenge to the sufficiency of the evidence was unsuccessful; it was not groundless or frivolous, so attorney fees were not awarded.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA0644-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8804&courtid=1

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Filed under Evidence, Personal Injury, Torts

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