Opinion
No. 90-2350.
May 28, 1991.
Appeal from the Circuit Court, Dade County, Philip Cook, J.
Guillermo Sostchin and Gregg Pessin, Miami, for appellant.
Gaebe, Murphy, Mullen Antonelli, and Mark Antonelli, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
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.
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.
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.