Ayala v. Fortaleza

Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered July 22, 1994, which, upon a jury’s verdict, awarded damages of $1,922,350 inclusive of $950,450, as reduced by order of the trial court, for future pain and suffering, plus pre-verdict interest and costs, unanimously modified, on the facts, to the extent of directing a new trial on the issue of future pain and suffering damages unless plaintiff stipulates to a reduction to $500,000, and otherwise affirmed, without costs.

Plaintiff, a bosun on defendant’s ship, was struck by sea spray in his left eye as he tightened lashings to…