Diane Wheeler v. Detwiler's Farm Market, Inc.
Plaintiff was walking into one of the Defendant's stores when several boxes of stacked cantaloupes fell onto her right hip and leg knocking her to the ground. She complained of hip and lower back pain. Unfortunately due to her age (72), she had prior complaints of neck and back pain due to degeneration, arthritis and another fall just 6 weeks prior.
She eventually underwent surgery for her right hip abductor and then continued to treat for her low back complaints. Past medicals were waived and we just presented evidence regarding her past treatments, expected future treatments and of course past and future pain and suffering.
It was clear from the testimony that this accident caused big changes in her life particularly with her mobility. The jury awarded only $5,000 for future medicals, but $100,000 for past pain and suffering and $100,000 for future pain and suffering.
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