Summary
In Roshwalb v. Regency Mar. Corp. (182 AD2d 401 [1st Dept 1992]), a 63-year-old woman's award for past and future pain and suffering of $750,000 for a comminuted fracture of the elbow was not considered excessive.
Summary of this case from Szpakowski v. Shelby RealtyOpinion
April 2, 1992
Appeal from the Supreme Court, New York County (David H. Edwards, Jr., J.).
The jury's finding of negligence is adequately supported by the evidence that plaintiffs were the first passengers to occupy the subject cabin since its renovation, that the bathtub therein was not equipped with anti-slip strips at the time of the accident, that all cabin bathtubs in defendant's vessel were supposed to have been so equipped, and that defendant's cleaning staff failed to remedy this unsafe condition. A vessel owner or carrier is in no different position than a landowner with respect to the duty owed to licensees and invitees to exercise reasonable care under the circumstances (Kermarec v Compagnie Generale, 358 U.S. 625; Plagianos v American Airlines, 912 F.2d 57). We also find that the court's charge read as a whole, adequately conveyed the applicable law.
Finally, the jury's award to plaintiff, 63 years old at the time of the accident, of $750,000 for past and future pain and suffering associated with the comminuted fracture of her right elbow does not constitute a material deviation from what would be reasonable compensation (CPLR 5501 [c]).
Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.