Alice Paulette Pagan v. Shoney's, Inc.

In this diversity case, plaintiff-appellant, Alice Paulette Pagan, appeals the district court’s denial of her motion for a new trial in her suit against defendants-appellees, Shoney’s, Inc., and Nationwide Mutual Insurance Company (collectively Shoney’s). For injury resulting from a slip and fall accident on Shoney’s premises, the jury found Pagan 90% comparatively negligent. It awarded her medical expenses and lost wages but not general damages. We remand for a new trial only on the issue of damages.

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FACTS AND PROCEDURAL HISTORY

After finishing her work at a bar around 3 a.m., Pagan and a…