Diaz v. Xtra Super Food Centers, Inc.

SCHWARTZ, Chief Judge.

Mrs. Diaz, a sixty-one year old lady, sued Xtra Super Food Centers, Inc. for injuries caused by a slip and fall at its store. According to each of the three doctors who testified, including a board certified orthopedist who examined her for the defense, she sustained a 50% compression fracture to a lumbar vertebra, a permanent injury which will cause pain throughout her life. There were undisputed unreimbursed medical expenses of $3,200.00 and lost wages of $560.00. A jury found total damages of $5,000.00.1

We hold that this award — which allocates less than $1,300.00 for…