BRADSHAW v. 845 U.N. LTD. PARTNERSHIP

Contrary to defendants' contention, the trial evidence, showing that plaintiff was injured when a co-worker helping plaintiff to guide rebar into place fell over a pile of construction material, causing the rebar to catch on and partially sever plaintiff's finger, permitted the jury fairly to conclude that there had been a violation of 12 NYCRR 23-1.7(e)(2), the regulatory predicate for plaintiff's Labor Law § 241(6) claim ( see DeSimone v. Structure Tone, 306 A.D.2d 90).

Although the past pain and suffering award cannot be said to have deviated materially from what is reasonable compensation under these circumstances ( see CPLR 5501[c]), the jury's failure to award plaintiff damages for future pain and suffering was insupportable given the evidence showing that in consequence of the alleged injury the distal portion of plaintiff's right ring finger had been amputated and that plaintiff would experience hypersensitivity in the remaining portion of the finger for the balance of her life ( see Cecere v. 3950 Blackstone Assocs., 238 A.D.2d 200; Ahmed v. Children's Hosp. of Buffalo, 238 A.D.2d 956). We accordingly exercise our additur power to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.