Free Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02639-WYD-MEH

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Filed 06/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 03-cv-02639-WYD-MEH DAVID R. PRICE, Plaintiff, v. WILSON SPORTING GOODS COMPANY, a Delaware corporation; TARGET CORPORATION, a Minnesota corporation; and TRUE TEMPER SPORTS, INC., a Delaware corporation, Defendants. ___________________________________________________________________________ AMENDED JUDGMENT ___________________________________________________________________________ Pursuant to and in accordance with the Order, filed on July 18, 2005 by the Honorable Wiley Y. Daniel, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that judgment is hereby entered in favor of Plaintiff, David R. Price, and against Defendant, Wilson Sporting Goods Company on Plaintiff' Motion for Partial Summary s Judgment as to Plaintiff' First Claim for strict product liability. s Pursuant to and in accordance with the Order, filed on December 9, 2005 by the Honorable Wiley Y. Daniel, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that the parties' Stipulation and Joint Motion is granted in part and denied in part and shall bind the parties to the extent it is granted. It is further

Case 1:03-cv-02639-WYD-MEH

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Judge Wiley Y. Daniel 03-cv-02639-WYD-MEH - Amended Judgment Page 2 ORDERED that the claims and causes of action asserted against Defendant True Temper Sports, Inc. are dismissed with prejudice, each side to bear his or its own attorneys' fees and costs. Pursuant to and in accordance with the Order, filed on December 21, 2005 by the Honorable Wiley Y. Daniel, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that the parties' Stipulation and Joint Motion is granted and shall bind the parties. It is further ORDERED that Plaintiff' Second, Third, and Fourth Claims for Relief against Wilson s Sporting Goods Company and Target Corporation are dismissed with prejudice, each party to bear his or its own attorneys' fees and costs. It is further ORDERED that because the claims and causes of action against Target Corporation have been dismissed, Target Corporation is dismissed with prejudice from this matter. THIS MATTER came before the Court and a jury of ten duly sworn to try the issues herein commencing on January 23, 2006 the Honorable Wiley Y. Daniel, United States District Judge, presiding. On January 31, 2006, the jury returned its verdict as follows:

Case 1:03-cv-02639-WYD-MEH

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Filed 06/30/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-MEH - Amended Judgment Page 3 VERDICT FORM C 1. The Court has determined that defendant Wilson Sporting Goods Company is liable to the plaintiff for manufacturing and selling a defective product which injured the plaintiff. You are bound by that determination. Do you find that the plaintiff, David R. Price, is entitled to recover damages from the defendant, Wilson Sporting Goods Company, on this basis? (Yes or No) ANSWER: YES 2. Do you find that the plaintiff was negligent or at fault in causing his own injuries? (Yes or No) ANSWER: YES 3. Do you find that the designated nonparty, David W. Price (Plaintiff' son), was s negligent in causing plaintiff's injuries? (Yes or No) ANSWER: YES 4. State the total amount of plaintiff's damages, if any, for noneconomic losses or injuries, excluding any damages for physical impairment or disfigurement, that were caused by the combined negligence or fault, if any, of the plaintiff, of the defendant Wilson Sporting Goods Company, and of the designated non-party. ANSWER: $1,350,000.00

Case 1:03-cv-02639-WYD-MEH

Document 149

Filed 06/30/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-MEH - Amended Judgment Page 4 5. State the total amount of plaintiff' damages for economic losses under, excluding s any damages for physical impairment or disfigurement, that were caused by the combined negligence or fault, if any, of the plaintiff, of the defendant Wilson Sporting Goods Company, and of the designated non-party. ANSWER: $556,619.00 6. State the total amount of plaintiff' damages for physical impairment or disfigurement s that were caused by the combined negligence or fault, if any, of the plaintiff, of the defendant Wilson Sporting Goods Company, and of the designated non-party. ANSWER: $200,000.00 7. Taking as 100 percent the combined negligence or fault that caused the plaintiff's injuries, what percentage was caused by the negligence or fault, if any, of: a. the plaintiff; and b. the defendant, Wilson Sporting Goods Company; and c. the designated non-party. You must enter the figure of zero, " for any party or designated nonparty you have found 0," was not negligent or at fault. ANSWER: Percentage, if any, charged to plaintiff, David R. Price: Percentage, if any, charged to defendant, Wilson Sporting Goods Company: Percentage, if any, charged to the designated non-party, David W. Price: 3% 3% 94%

Case 1:03-cv-02639-WYD-MEH

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Filed 06/30/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-MEH - Amended Judgment Page 5 MUST TOTAL: 100% Pursuant to and in accordance with the Order, entered May 23, 2006 by the Honorable Wiley Y. Daniel, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that judgment is hereby entered in favor of Plaintiff, David R. Price, and against Defendant, Wilson Sporting Goods Company, a Delaware Corporation, in the total amount of $732,500.00 in noneconomic damages on Plaintiff' Liability claim. It is further s ORDERED that judgment is hereby entered in favor of Plaintiff, David R. Price, and against Defendant, Wilson Sporting Goods Company, a Delaware Corporation, in the total amount of $523,221.86 in economic damages on Plaintiff' Liability claim. It is further s ORDERED that judgment is hereby entered in favor of Plaintiff, David R. Price, and against Defendant, Wilson Sporting Goods Company, a Delaware Corporation, in the total amount of $188,000.00 in damages for physical impairment on Plaintiff' Liability claim. It is s further ORDERED that based on the Court' May 23, 2006 Order, the total judgment is offset s by $125,000.00. It is further ORDERED that pre-judgment interest shall accrue on the total amount of $1,318,721.86 at the legal rate of 9.0% from the date the action accrued. It is further ORDERED that post-judgment interest shall accrue on the total amount of $1,318,721.86, plus pre-judgment interest, at the legal rate of 4.60% per annum from the date of entry of the original judgment (February 8, 2006). It is further

Case 1:03-cv-02639-WYD-MEH

Document 149

Filed 06/30/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-MEH - Amended Judgment Page 6 ORDERED that Plaintiff' be awarded costs in the total amount of $7,079.58 per the Bill s of Costs, filed February 21, 2006. DATED at Denver, Colorado this 30th day of June, 2006. FOR THE COURT: GREGORY C. LANGHAM, CLERK

s/ Stephen P. Ehrlich Stephen P. Ehrlich, Chief Deputy Clerk APPROVED AS TO FORM:

s/ Wiley Y. Daniel WILEY Y. DANIEL, U.S. District Judge