Harris v. Shopko Stores, Inc.
263 P.3d 1184
Utah Ct. App.2011Background
- Wendy Harris sued ShopKo for injuries from a chair that collapsed in a ShopKo display, causing a fall.
- Jury awarded $25,000 in economic damages (past and future medical) and $1,000 in noneconomic damages; Harris sought new trial.
- Evidence showed extensive treatment over two years, including chiropractic, physical therapy, medications, and pain management evaluations.
- Experts offered conflicting causation opinions: some linked injuries to ShopKo; others suggested pre-existing conditions or degenerative changes.
- Trial court instructed the jury on apportionment of damages between ShopKo and pre-existing conditions; Harris objected that no symptomatic pre-existing condition evidence existed.
- Appellate court held the apportionment instruction was erroneous and prejudicial, warranting reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by instructing apportionment of damages | Harris | ShopKo | Instruction error; prejudicial; not supported by evidence |
Key Cases Cited
- Biswell v. Duncan, 742 P.2d 80 (Utah Ct.App.1987) (latent pre-existing conditions may yield full damages when aggravated)
- Ortiz v. Geneva Rock Prods., Inc., 939 P.2d 1213 (Utah Ct.App.1997) (clear articulation of aggravation of dormant pre-existing conditions)
- Tingey v. Christensen, 987 P.2d 588 (Utah 1999) (burden on apportionment when damages not separable)
- Robinson v. All-Star Delivery, Inc., 992 P.2d 969 (Utah 1999) (reversible error requires prejudice or improper guidance)
- Paulos v. Covenant Transp., Inc., 86 P.3d 752 (Utah App. 2004) (correctness of jury instruction on theories supported by evidence)
- Vitale v. Belmont Springs, 916 P.2d 359 (Utah Ct.App.1996) (legal standard for jury instruction correctness)