Damages – Default – Scars

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Where a plaintiff has challenged the amount of damages awarded after the defendant defaulted, the appeal must be rejected because the plaintiff has shown no abuse of discretion on the part of the lower court.

“The facts are not disputed. While [plaintiff Angel] Brito was at the [defendant] Loft and Ladle [Restaurant], he was pelted with beer bottles. He was taken by ambulance to the hospital and received stitches for the lacerations he sustained. The hospital bill for Brito’s treatment was $168.19. The lacerations resulted in permanent scars. Specifically, Brito has a four-inch scar on his chest and three scars of varying lengths and widths on his neck, the largest of which measures two and one-half inches long and one-half inch wide. The trial court viewed Brito’s scars at the assessment hearing. There was also evidence that Brito was 26 years old at the time he was injured, and has a life expectancy of 68 years. After a second assessment hearing, the trial court awarded Brito $3,168.79, plus prejudgment interest. After hearing, the trial court denied Brito’s subsequent motion for an additur. Alleging that the court erred as a matter of law in assessing such a small amount of damages for his serious scarring, Brito filed this appeal. …

“Brito has failed to sustain his burden of establishing that the trial court’s finding of damages was clearly erroneous. Brito’s counsel showed the trial judge photos of the scars and, as noted, the judge viewed the scars at the assessment hearing. Given the location of the scars on Brito’s chest and neck and a hospital bill of only $189.00 for his treatment, we cannot say the judge erred in assessing the damages in this case. While other judges may well have awarded more for the injuries in question, a trial judge’s discretion in assessing damages is very broad. …”

Brito v. Loft and Ladle Restaurant (Lawyers Weekly No. 13-044-06) (5 pages) (Curtin, J.) (Appellate Division, Northern District) Appealed from a decision by Brennan, J., in Lawrence District Court. Curtis I. Davis for the plaintiff; Daniel A. McCarthy for the defendant (App. Div. No. 9969) (July 27, 2006).