The appellant was injured when improperly stored metal sheets in her apartment building's storage room fell on her leg, eventually leading to fibromyalgia.
A jury found the respondent landlords negligent but apportioned 75% of the fault to the appellant for contributory negligence.
The jury awarded damages, including $41,000 for non-pecuniary damages.
On appeal, the Court of Appeal found the trial judge erred in instructing the jury to use the upper limit (cap) for non-pecuniary damages as a scale.
The Court substituted an award of $80,000 for non-pecuniary damages but upheld the jury's findings on contributory negligence and apportionment of fault.
