Soto v. Dolgen Corp.

KLEIN, Judge.

Appellant Benito Soto slipped and fell in a store owned by appellee, and shattered her left shoulder. Because the amounts awarded to her — $5,000 for past pain and suffering, etc., and $5,000 for future intangibles — are grossly inadequate, we reverse for a new trial.

Mrs. Soto, who is 59 years old, underwent two different surgeries and spent fourteen days in the hospital as a result of her shoulder injury. Her medical expenses were $37,-200. As a result of her injury she has a 40% permanent loss of function of her shoulder because of the fracture, bone loss, rotator cuff tear,…