Opinion
April 18, 1995
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
This action for personal injuries arises from the then six-year-old infant plaintiff having been severely scalded, as the result of a collision with an employee carrying a large pot of boiling water from one kitchen to the disposal area in the other, when the child emerged from a bathroom located between two kitchens in defendant restaurant. The Trial Judge properly set aside the jury verdict finding comparative fault attributable to the infant plaintiff as against the weight of the evidence (see, Merl v Adler, 207 A.D.2d 323), as well as the award of damages. Indeed, in this case, had a cross-appeal been taken, we would find the infant plaintiff to be free of negligence.
Lastly, we agree with the trial court that the total award for pain and suffering was inadequate.
Concur — Ellerin, J.P., Rubin, Tom and Mazzarelli, JJ.