Opinion
November 13, 1997
Appeal from the Supreme Court, Bronx County (Bertram Katz, J., and a jury).
By failing to offer an objection before the jury was discharged, plaintiffs have failed to preserve for appellate review their contention that the verdict awarding $126,000 for loss of future earnings and $0 for future pain and suffering was inconsistent (see, Barry v. Manglass, 55 N.Y.2d 803, 806). In any event, the jury's verdict was consistent. Based on the conflicting medical testimony, the jury could reasonably have found that while plaintiff Francis Gribbon sustained injuries that rendered him incapable of continuing his strenuous work as a bricklayer, the injuries had healed to the extent that he would not be afflicted with future pain (see, Kinsella v. Berley Realty Corp., 240 A.D.2d 374). Similarly, the verdict was not against the weight of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493).
Concur — Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.