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Spetter v. Alliance Towing Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 6, 2009

JOB M. SPETTER, PLAINTIFF-RESPONDENT,
v.
ALLIANCE TOWING CORP., ET AL., DEFENDANTS-APPELLANTS,
JOHN DOE NO. 1, DEFENDANT.

Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 3, 2008, after a jury trial, awarding plaintiff damages for past and future pain and suffering in the principal amounts of $30,000 and $200,000 (over five years), respectively, plus interest, costs and disbursements, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Moskowitz, Renwick, JJ.

49680/02

The testimony of plaintiff's treating physician and expert sufficiently established that the herniated disc in plaintiff's neck was caused by the subject accident and caused a significant and permanent loss of range of motion (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]). While defendants' experts opined that plaintiff's neck condition was due to degenerative changes, no basis exists to disturb the jury's resolution of this credibility issue (see Apuzzo v Ferguson, 20 AD3d 647, 648 [2005]; Jones v Davis, 307 AD2d 494, 496 [2003], lv dismissed 1 NY3d 566 [2003]). The damage award does not deviate materially from what would be reasonable compensation under the circumstances (cf. Kithcart v Mason, 51 AD3d 1162 [2008]). We find defendants' remaining contentions unavailing.

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

20090106

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