Woman Hit by Krispy Kreme Van Gets Seconds When New Trial Ordered
The motorist won a $330,000 award but appealed the denial of attorney fees. A new trial would put the award and fees at risk.
May 01, 2019 at 11:51 AM
5 minute read
The original version of this story was published on Daily Report
A woman who won a $330,000 federal jury award against Krispy Kreme Doughnuts wanted to sweeten the outcome by adding attorney fees, but the trial judge refused to hold a hearing to decide whether the pastry purveyor's tactics were frivolous.
The U.S. Court of Appeals for the Eleventh Circuit felt otherwise, ruling Monday that she can have another bite of courtroom cruller by ordering a new trial and mandating that — if a new jury again awards damages for her injuries — she must also be allowed a hearing to determine whether her legal fees can be sprinkled on top.
The published opinion was written by Judge Elizabeth Branch with the concurrence of Judge William Pryor and Senior Judge R. Lanier Anderson.
Jay SaddAttorney Jay Sadd, who represents the plaintiff with Slappey & Sadd colleague Edward Wynn, conceded there is a risk a new jury might award less damages or none at all.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250