The case stems from a September 2022 lawsuit where Ruby Medders alleged she sustained knee and ankle injuries in a Georgia Walmart. A federal appeals court invalidated her award because her counsel presented improper benchmarks for pain and suffering to jurors during closing remarks. Specifically, the lawyer referenced an expert's trial rate and general minimum wages, which judges determined violated state standards on noneconomic damages. A new trial will now be required to reassess the retailer's liability and any resulting damages.
Key points
Georgia law strictly mandates that requested noneconomic damages must hold a rational con…: Georgia law strictly mandates that requested noneconomic damages must hold a rational connection to evidence of the plaintiff's condition.
Comparing personal injury compensation to expert witness compensation or arbitrary wage l…: Comparing personal injury compensation to expert witness compensation or arbitrary wage levels was deemed legally impermissible by the appellate court.
The appellate panel ordered a brand new trial after concluding the improper arguments lik…: The appellate panel ordered a brand new trial after concluding the improper arguments likely influenced the jury's verdict.
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A Georgia woman who won $975,000 in compensation after a fall at a Walmart store in 2020 will have to go through another trial after a US appeals court overturned the verdict on Thursday. The court found that her lawyer had used unrelated figures, including an expert witness's $8,000 daily fee, to suggest how much money the woman should receive for pain and suffering. The judges ruled that these comparisons were not permitted under Georgia's revised law and could have influenced the jury's decision.
According to the
judgment, the case involved Ruby Medders, who said she injured her knee and ankle after slipping and falling during a visit to a Walmart store in Valdosta, Georgia, in November 2020. She filed a lawsuit against the retailer in September 2022, seeking compensation for her injuries.
Medders already had knee problems before the incident. However, she claimed that her pain became worse after the fall and eventually required surgery. Walmart disputed this, arguing that her knee condition existed before the accident and that the fall had not made the later operations necessary.
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