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Darlene Beard v. K-Mart Corporation
Date: 10-19-2000
Case Number: 20000095-CA
Judge: Tyrone Medley
Court: Third District Court, Salt Lake Department, Utah
Plaintiff's Attorney: William R. Rawlings, Draper, Utah
Defendant's Attorney: M. David Eckersley of Prince, Yeates & Geldzahler, Salt Lake City, Utah
Description:
On September 15, 1996, plaintiff/appellee Darlene ()
was injured in a K-Mart store when a K-Mart employee struck her in the
head with his elbow as he attempted to start a lawnmower. As she fell
toward the floor, she felt a severe headache, as well as pain in her
wrists, knee, and ankle. She visited her doctor the following day,
complaining of head, neck, knee, and foot pain, and continued to have
severe headaches, a sore neck, aching hands, and leg and foot pain.
saw a number of doctors and ultimately underwent a number of surgeries.
sued K-Mart for its employee's negligence in striking her. Three
surgeries, performed on her neck and wrists by Dr. Robert Peterson, are
at issue in this appeal. K-Mart asserts these surgeries are not causally
connected to the accident at its store.
At trial, Beard testified that her neck and wrist problems
began when she was struck in the head at K-Mart. In addition, her family
physician and her surgeon Dr. Peterson testified "there was a chronologic
association for the time of the incident at K-Mart to the time of the
onset of symptoms." However, Dr. Peterson testified that he could not say
to a degree of reasonable medical probability that the accident at K-Mart
caused the need for either her neck or wrist surgeries.
was injured in a K-Mart store when a K-Mart employee struck her in the
head with his elbow as he attempted to start a lawnmower. As she fell
toward the floor, she felt a severe headache, as well as pain in her
wrists, knee, and ankle. She visited her doctor the following day,
complaining of head, neck, knee, and foot pain, and continued to have
severe headaches, a sore neck, aching hands, and leg and foot pain.
saw a number of doctors and ultimately underwent a number of surgeries.
sued K-Mart for its employee's negligence in striking her. Three
surgeries, performed on her neck and wrists by Dr. Robert Peterson, are
at issue in this appeal. K-Mart asserts these surgeries are not causally
connected to the accident at its store.
At trial, Beard testified that her neck and wrist problems
began when she was struck in the head at K-Mart. In addition, her family
physician and her surgeon Dr. Peterson testified "there was a chronologic
association for the time of the incident at K-Mart to the time of the
onset of symptoms." However, Dr. Peterson testified that he could not say
to a degree of reasonable medical probability that the accident at K-Mart
caused the need for either her neck or wrist surgeries.
Outcome:
Plaintiff's verdict in the amount of $431,290.22.
Plaintiff's Experts:
Unknown
Defendant's Experts:
Unknown
Comments:
Reversed and remanded by the Utah Court of Appeals on October 19, 2000. See: 12 P.3d 1015 (Utah App. 2000).
About This Case
What was the outcome of Darlene Beard v. K-Mart Corporation?
The outcome was: Plaintiff's verdict in the amount of $431,290.22.
Which court heard Darlene Beard v. K-Mart Corporation?
This case was heard in Third District Court, Salt Lake Department, Utah, UT. The presiding judge was Tyrone Medley.
Who were the attorneys in Darlene Beard v. K-Mart Corporation?
Plaintiff's attorney: William R. Rawlings, Draper, Utah. Defendant's attorney: M. David Eckersley of Prince, Yeates & Geldzahler, Salt Lake City, Utah.
When was Darlene Beard v. K-Mart Corporation decided?
This case was decided on October 19, 2000.