This section contains the nature of the case and procedural background.

P stopped in D's store to purchase a few items. As she walked through the produce section, she slipped on a puddle of water and fell to the floor, landing on her left side. P alleges that the pain she feels in her shoulders, neck, elbow, and fingers is a direct result of her fall. A former employee of D testified that, when the produce stands were cleaned, the drains would occasionally back up, and water would collect in puddles on the floor. P sued D in negligence from a slip and fall while in D's store. The jury found against D and awarded P$2,500 for past medical expenses and $40,000 in non-economic compensatory damages. P appealed. D avers that the trial court committed reversible error by denying d's request for a particular jury instruction. D's request followed a statement made by P's counsel during closing argument about computing damages for pain and suffering on a per diem basis. D cross-appealed.

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