Opinion
May 27, 1988
Appeal from the Court of Claims, Lowery, J.
Present — Denman, J.P., Green, Pine, Balio and Davis, JJ.
Judgment unanimously modified on the law and facts and as modified affirmed with costs to claimant, in accordance with the following memorandum: Claimant's thumbs were amputated while he was operating a power saw in the wood shop at Auburn Correctional Facility. The court awarded him damages of $25,000 and found that he was 50% responsible for the accident. Claimant contends that the damages are inadequate and that the apportionment of any fault to him was improper. We find that the apportionment of fault was supported by the record but that the evidence supports total damages of $100,000, which, when reduced by 50%, results in an award of $50,000.