Chevalier

This is an appeal from a judgment in an assault and battery case, awarding respondent $27,500 in compensatory damages and $75,000 in punitive damages. The verdict of the jury was for $27,500 in compensatory damages and $150,000 in punitive damages, but the court granted a motion for a new trial unless respondent would remit $75,000 of the punitive damage award. Respondent then filed a remittitur consenting to the reduction.

At the trial, respondent, a school teacher, testified that appellant Harry Dubin struck him on the nose with a pair of channel lock pliers in an unprovoked attack, resulting in fractures of respondent’s nose. On the day of the accident surgery was performed on respondent at a doctor’s office. After further treatment he entered a hospital for additional surgery seven months later. Respondent spent approximately $2,000 for medical and hospital expenses and lost about $400 to $500 in wages. He missed over a month of teaching in connection with the surgery in the hospital, but this absence was covered by sick leave. At the time of trial he was experiencing no pain from the injury, but did complain about difficulty in breathing in grassy areas. Since he…