Opinion
May 18, 1998
Appeal from the Supreme Court, Kings County (Krauss, J.).
Ordered that the judgment is affirmed, with costs.
Viewing the evidence in the light most favorable to the plaintiff, we conclude that there was sufficient evidence from which the jury could find that the defendant was 100% at fault in the happening of the accident ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Further, the verdict in favor of the plaintiff was not against the weight of the evidence, as it was supported by a fair interpretation of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129, 134).
The court providently exercised its discretion in allowing testimony at trial regarding the plaintiff's herniated discs ( see, Reape v. City of New York, 228 A.D.2d 659; Van Derzee v. Knight-Ridder Broadcasting, 185 A.D.2d 1011).
Considering the nature and consequence of the injuries sustained by the plaintiff, the verdict did not deviate materially from what would be reasonable compensation ( see, CPLR 5501 [c]; Brown v. Stark, 205 A.D.2d 725; Orris v. West, 189 A.D.2d 866).
The defendant's remaining contentions are without merit.
Bracken, J.P., O'Brien, Copertino and Altman, JJ., concur.