Bertha Jolivette Zeno v. The Great Atlantic and Pacific Tea Company, D/B/A a & P Food Stores

I agree with the majority’s position on the issue of liability. I disagree, however, and therefore dissent from my colleagues’ decision to affirm the quantum of damages assessed by the jury. The jury returned a lump sum award of $95,000.1 Out of this lump sum, it is estimated that $79,193 was allocated to compensate the plaintiff for her general damages — i.e., those damages resulting from her past and future physical and mental pain, and for physical impairment. Given the nature of the injuries sustained by Mrs. Zeno when she fell, a general damages award of more than $79,-000 is clearly…