MARIA DIAZ, APPELLANT,
v.
XTRA SUPER FOOD CENTERS, INC., APPELLEE
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The court held that the jury's award of damages was grossly inadequate given the plaintiff's permanent injury.
Plaintiff suffered a permanent spinal injury from a slip and fall, with documented medical expenses and lost wages. A jury awarded $5,000 in damages, …
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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 all the other damage items, including the intangibles — was grossly inadequate to compensate Mrs. Diaz for the permanent and serious injury she undeniably suffered. See Griffis v. Hill, 230 So. 2d 143 (Fla.1969); Dorvil v. Purolator Courier Corp., 578 So. 2d 294 (Fla. 3d DCA 1991); Powers v. Johnson, 562 So. 2d 367 (Fla. 2d DCA 1990), review dismissed, 570 So. 2d 1304 (Fla.1990); Goff v. 392208 Ontario Ltd., 539 So. 2d 1158 (Fla. 3d DCA 1989). On that basis, the cause is remanded for a new trial on damages only.
Reversed and remanded.
. The jury also found the plaintiff guilty of 60% comparative negligence. No issue is made on appeal of the 60%-40% split in the liability determination.
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Dyes v. Spick, 606 So. 2d 700 (Fla. 1st DCA 1992)…grossly inadequate or excessive verdict. Id. at 145. Indeed, the reviewing court has an obligation to act in cases where the verdict is grossly inadequate. Weaver v. Wilson, 532 So. 2d 67 (Fla. 1st DCA 1988); Diaz v. Xtra Super Food Centers, Inc., 579 So. 2d 893 (Fla. 3d DCA 1991); Dorvil v. Purolator Courier Corp., 578 So. 2d 294 (Fla. 3d DCA 1991); Tarin v. City Nat’l Bank of Miami, 557 So. 2d 632 (Fla. 3d DCA 1990). In a recent case, the Third District concluded that awards of $5,000.00 for past and $5,…
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Figueredo v. Keller Indus., Inc., 583 So. 2d 432 (Fla. 3d DCA 1991)…t shockingly inadequate in the face of uncontra-dicted evidence that Figueredo had sustained two herniated discs, with accompanying undisputed past and future pain and suffering as a result of the accident, see Diaz v. Xtra Super Food Centers, Inc., 579 So. 2d 893 (Fla. 3d DCA 1991), and cases cited; (c) improperly restricted the investigating police officer from expressing a decisive opinion as to the manner in which the accident occurred. This ruling is sustaina [*433] ble neither as an appropriate enforce…
Authorities Cited
- Griffis v. Hill, 230 So. 2d 143 (Fla. 1969)
- Goff v. 392208 Ontario Ltd. & 97897 Canada, Ltd., 539 So. 2d 1158 (Fla. 3d DCA 1989)
- Tamekia Love Dorvil v. Purolator Courier Corp., 578 So. 2d 294 (Fla. 3d DCA 1991)
- Twila Powers v. Johnson, 562 So. 2d 367 (Fla. 2d DCA 1990)