Anne Frankovich v. Walmart, Inc.

Director and CEO of VDI, Aubrey Corwin, M.S., L.P.C., C.R.C., C.L.C.P.,  was retained by Defense counsel at Sutton & Booker, P.C. to provide an Earning Capacity Evaluation and Assessment of Future Care Needs of the Plaintiff. This litigated matter venued in the U.S. District Court, District of Colorado against Walmart, Inc., involved a minor fall from a motorized scooter in a Walmart parking lot, in which Plaintiff claimed several grievous injuries, despite having significant pre-existing medical and psychological history. Plaintiff asked for over $8 million dollars in damages, which made mediating the case nearly impossible. Ms. Corwin testified to her opinions at trial that Ms. Frankovich did not require future care, nor had she sustained a loss of earning capacity due to injuries allegedly sustained in the subject accident, but instead, any needs or losses were due to her pre-existing conditions. The jury reached a verdict and awarded Plaintiff $315,000, which was $64,000 in economic damages ($51,000 in past medicals Walmart accepted and $13,000 in lost wages) and $340,000 in noneconomic damages; there was no award for impairment. The jury also found 22% comparative negligence assessed against Plaintiff. This, of course, was an outstanding outcome for VDI and the trial team.