Opinion
May 12, 1998
Appeal from the Supreme Court, Bronx County (Lottie Wilkins, J.).
Plaintiff, while a passenger in defendant Robert Heron's car, suffered two fractured ribs, a bruised kidney and bladder, and facial scarring requiring 50 stitches, when Heron's car crossed over into the opposite lane of traffic and collided head on with defendant Tetro's van. At the time of the accident, plaintiff was not wearing a seat belt even though one was available. We agree with the trial court that, contrary to defendants-appellant's argument, the jury's determination that Tetro was 25% responsible for the accident was not contrary to the weight of the evidence; the evidence evidently credited by the jury indicated that Tetro had had a chance to avoid Heron's vehicle. However, given the injuries sustained by plaintiff, we find the trial, court's reduction of the damages awarded by the jury for pain and suffering to have been excessive and to lack support in the record.
Concur — Rosenberger J.P., Rubin, Williams, Tom and Saxe, JJ.