that the store could still have been operated profitably by Mrs. Leeper, despite her husband's lack of interest, had she chosen to do so. We will therefore not award damages for future loss of self-employment income.
Plaintiff also seeks lost profits from the Leeper Music House for 1977, the year in which he was ill. Damages sought are $4,045.55 or the difference between the average net profits of 1974 and 1975, the two full years preceding the year in which plaintiff was stricken ($6,925.85) and the net profits for 1977 ($2,880.30). We understand that there are various technical objections to the method of calculation and to plaintiff's entitlement to the entire amount. We believe, however, that the weight of the credible evidence suggests that the plaintiff is entitled to some compensation for loss of self-employment income for the year in which he was actually disabled. The amount suggested seems reasonably fair and accurate, and we will, therefore award the sum of $4,045.55 for loss of part self-employment income.
Naturally, plaintiff is entitled to compensation for loss of earnings during the period of his disability and absence from work December 27, 1976 to September 18, 1977. Plaintiff contends he is entitled to $13,155.64, the amount of wages he would have earned during this period. The record reflects, however, that plaintiff was paid wages during his period of absence by utilization of his accumulated sick leave. The use of this sick leave, however, diminished the pension to which plaintiff will be entitled upon his retirement next year by $7,988.86. We conclude that this sum reflects most appropriately the income lost by virtue of plaintiff's illness and it is this sum which we will award.
C. Pain and Suffering
Plaintiff is of course entitled to a substantial award for pain and suffering. In his brief, plaintiff has categorized various varieties of pain and suffering including past and future physical pain and suffering, loss of the feeling of well-being, emotional upset, and worry, anxiety and apprehension. We have previously discussed the cause of plaintiff's illness and recovery in general fashion and we will not restate it. Nor will we compartmentalize our findings into the separate categories suggested or make separate awards. As our previous comments suggest, we are prepared to accept that, from December 27, 1976 through some period in January, 1977, plaintiff experienced extremely intense physical, mental and emotional agony and that he experienced substantial physical and mental pain and suffering, to a lesser degree, through his release in March, 1977. We recognize that a slow period of rehabilitation followed which is also compensable. In August, 1977, plaintiff suffered additional pain and suffering as a result of a prostate operation necessitated by the Guillain-Barre Syndrome. Following his return to work, and continuing to the present, we find that plaintiff suffers relatively minor physical discomfort and loss of stamina which may continue for the rest of his life. There has been some testimony that plaintiff exhibits a more melancholy temperament than before his illness, and that he is concerned that the syndrome may recur.
It is almost inevitable in assessing the measure of damages in such a case, to conclude that no amount of money can fairly compensate the plaintiff for the distress he has endured. That is, no sane person would argue that any sum would make the suffering worthwhile or truly soothe the memory of it. We can never, in this sense, hope to make plaintiff whole by any award of money. Recognizing the inherent inadequacy of money damages, it is nevertheless incumbent upon us to select a figure which we feel is reasonable under all the circumstances. Plaintiff's period of greatest suffering was, mercifully, finite and in fact of relatively short duration and was followed by a moderate period of convalescence and, finally, by substantial recovery. We will award the plaintiff the sum of $75,000.00 for past physical and mental pain and suffering.
As we have stated before, plaintiff's recovery is most remarkable. Had the plaintiff been an individual of less drive and determination, his recovery may have been significantly more protracted and, indeed, less complete. We believe that the plaintiff must be awarded damages for the residual discomfort he still feels and may feel for the rest of his life. While we hesitate to classify the plaintiff's continuing complaints as minor, the testimony does not indicate that they significantly impair the conduct and enjoyment of his life. There has been some testimony as to plaintiff's anxiety over his condition and the fear that the Guillain-Barre Syndrome may recur. Based on the testimony presented, we feel that plaintiff may be experiencing some anxiety over his condition and the memory of his illness. Medical testimony, however, was to the effect that the chances of a recurrence are extremely remote, and we therefore feel that a substantial award for future emotional and psychological pain and suffering is not in order. Under all the circumstances, we will award the sum of $10,000 for future physical and mental pain and suffering.
IV. SUMMARY OF AWARD
We recapitulate our awards:
Medical Expenses $18,870.84
Diminution of Pension/Lost Sick
Leave $ 7,988.86
Loss of Past Self-Employment
Pain and Suffering $85,000.00
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