In its special verdict, the jury awarded plaintiff $500,000 for his pain and suffering and $500,000 for his loss of enjoyment of life, pursuant to the trial court's charge that it could award damages for loss of enjoyment of life separately from any award of damages for pain and suffering.
The Court of Appeals has since held that such an instruction should not be given since loss of enjoyment of life is not a separate element of damages deserving a distinct award but is, instead, only a factor to be considered by the jury in assessing damages for conscious pain and suffering. (McDougald v Garber, 73 N.Y.2d 246; Nussbaum v Gibstein, 73 N.Y.2d 912; see also, Kaufman v Hodinka, 151 A.D.2d 398.)
Concur — Murphy, P.J., Kupferman, Ross and Carro, JJ.