Opinion
June 24, 1996
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, the plaintiff shall serve and file with the office of the clerk of the Supreme Court, Richmond County, a written stipulation consenting to decrease the verdict as to damages from $3,750,000 to $1,750,000 ($1,000,000 for past pain and suffering and $750,000 for future pain and suffering), and to the entry of an amended judgment in the principal sum of $1,137,500 ($650,000 for past pain and suffering and $487,500 for future pain and suffering), accordingly; in the event that the plaintiff so stipulates, then the judgment, as so decreased and amended, is affirmed, without costs or disbursements.
On October 30, 1988, the plaintiff was involved in an automobile accident caused, in part, by the appellant's negligence, as the result of which she suffered, inter alia, a broken jaw and the loss of her right eye. We agree with the appellant's contention that the damages awarded were excessive. The record reveals that the plaintiff has been able to maintain her job and although she will require plastic surgery, she does not suffer continued pain. In reaching our determination, we have also considered the fact that the plaintiff has not adjusted well to her injuries. Under the circumstances, an award of $1,750,000 is appropriate ( see, LaPaglia v. Sears, Roebuck Co., 143 A.D.2d 173; Simon v. Sears, Roebuck Co., 124 A.D.2d 655; Goble v. State of New York, 123 A.D.2d 664).
We have examined the appellant's remaining contention and find it to be without merit. Bracken, J.P., Miller, Ritter and Goldstein, JJ., concur.