And also, i dont know how the conversation went, but you very truly are about to get someone who makes a few bucks above minimum wage written up. I hope you think long and hard about that before you continue to go after that. Exploiting other peoples mistakes only gets you ahead in the short term, typically it has long term consequences. Everyone makes mistakes, she was most likely new. (or stupid, but there are those everywhere.)
And on the first note, Verizon has no obligation to give you a new device. There is no legal precedent in warranty cases, because verizon is the intermediary honoring the warranty for the manufacturer for your handset. They will make exceptions, but dont call them up expecting anything free when it comes to phones, there will always be a cost, whether its contract extension, or some form of payment or discount. Which is their right since they are protecting their investment.