Burg Simpson lawyers, Jessica Prochaska and Peter Gibbins, obtained over $3,000,000 in a jury verdict for their client in July 2023
Jerry Gyrion v. Dillon Companies, LLC d/b/a/ King Soopers
The jury awarded a total of $3,203,800.
0% negligence was apportioned to Plaintiff on Defendant’s comparative negligence/assumption of risk defense, and only 5% was apportioned to the designated non-parties, leaving 95% charged to Defendant Dillon Companies (King Soopers).
Quick summary of the facts:
On December 7, 2019, Mr. Gyrion was making a delivery to King Soopers’ store at 8126 S. Wadsworth Blvd. in Littleton, Colorado. The loading dock area in the rear of the store where vendors are required to make their deliveries had ice accumulated on the ground. Mr. Gyrion had to walk from his truck over the ice to the store’s rear door to make his delivery. Despite his best efforts to safely traverse the ice, Mr. Gyrion slipped and fell.
A storage trailer permanently parked in the rear of the store contributed to the icy conditions in that it cast a shadow over a portion of the loading dock area, causing a thaw/refreeze cycle that caused ice buildup around the trailer. The storage trailer was also an obstacle that made it difficult for snow removal crews to access the loading dock area with their trucks.
Defendant argued that it was not responsible for snow and ice removal in the loading dock area. Defendant argued that the loading dock area was a common area and was the responsibility of statutory landowners including the developer of the property, the property manager, and the snow removal company. Defendant also argued that Plaintiff was comparatively negligent and assumed the risk of falling due to the route he chose to take across the ice.
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