Summary
upholding verdict of $400,000 for past and future pain and suffering for 14–year–old female plaintiff after circular saw amputated one-third of her ring finger, decreased sensation in two of her other fingers, and caused her emotional and mental suffering, permanency of pain, loss of function, nerve damage, and unattractive deformity
Summary of this case from Norcia v. Dieber's Castle Tavern, Ltd.Opinion
June 13, 1995
Appeal from the Court of Claims (Albert Blinder, J.).
This negligence action was commenced to recover damages for personal injuries sustained by a 14 year old girl when a circular saw made contact with her non-dominant right hand resulting in the amputation of a third of her ring finger, decreased sensation in two of her other fingers, and emotional and mental suffering attributable to these injuries. In view of the uncontradicted medical testimony with respect to the permanency of her pain, loss of function, nerve damage, and unattractive deformity, the damage award to claimant Hillary Fields does not deviate from reasonable compensation (CPLR 5501 [c]; see, Rubin v. First Ave. Owners, 209 A.D.2d 367).
As to the claim of the father for loss of services, the evidence presented is very slight. It does not support the award of $25,000. We modify accordingly.
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.