Summary
finding of no significant disfigurement overturned where the plaintiff sustained a laceration of her lower lip and chin, resulting in a depressed one and one quarter inch scar on her chin
Summary of this case from Mangual v. PleasOpinion
July 7, 1988
Appeal from the Supreme Court, Erie County, Wisner, J.
Present — Dillon, P.J., Denman, Boomer, Pine and Balio, JJ.
Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: Plaintiff Ruth Landsman was injured in an automobile accident and sustained a laceration of her lower lip and chin, resulting in a depressed 1 1/4-inch scar on her chin. The jury returned a verdict in favor of defendant, finding that plaintiff had not suffered a significant disfigurement within the meaning of Insurance Law § 5102 (d). The standard by which significant disfigurement is to be determined within the meaning of that section is whether a reasonable person would view the condition as unattractive, objectionable, or as the subject of pity or scorn (Prieston v. Massaro, 107 A.D.2d 742, 743; Waldron v. Wild, 96 A.D.2d 190, 194). We find that the verdict was against the weight of the evidence, entitling plaintiff to a new trial (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Luppino v. Busher, 97 A.D.2d 499).