Westphal

Wal-Mart Stores, Inc. (defendant) appeals from the judgment in favor of Betty Westphal (plaintiff) in this personal injury action arising out of a slip-and-fall accident that occurred on defendant’s property. Defendant contends the judgment must be reversed because the amount of damages awarded is excessive. Plaintiff retorts that the appeal is frivolous and asks for sanctions.

We shall affirm the judgment and grant plaintiff’s request for sanctions. As we will explain, this appeal is frivolous because it indisputably has no merit.

The case was tried fairly in the superior court. Presented with evidence that defendant’s negligence caused plaintiff to suffer severe pain in her back and foot (requiring her to use crutches and other devices for several months) and develop a recognized, chronic pain syndrome of headaches and constant discomfort of varying intensity in her neck, back, leg and foot (which has altered her lifestyle), the jury found that plaintiff had suffered special damages of $8,000 and general damages of $150,000. Finding the award generous but not outrageous, the trial court denied defendant’s motion for a new trial on the ground of excessive…