Opinion
April 26, 1999
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursments, and the motion is granted to the extent of vacating the verdict on the issue of future medical expenses and granting a new trial with respect thereto unless within 30 days after service upon her of a copy of this decision and order with notice of entry, the plaintiff shall serve and file in the office of the clerk of the Supreme Court, Westchester County, a stipulation consenting to reduce the verdict on the issue of damages for future medical expenses from the sum of $300,000 to the sum of $79,200, and to the entry of an appropriate judgment accordingly, and the motion is otherwise denied.
We disagree with the Supreme Court that the testimony of the plaintiff's medical expert was merely speculative and failed to show a causal connection between the incident and the plaintiff's current medical condition ( cf., Ramsey v. Jewish Hosp. Med. Ctr., 67 A.D.2d 680). We find that the court erred in setting aside the verdict as to damages for future pain and suffering and future medical expenses as a matter of law.
The verdict on the issues of damages for past and future pain and suffering were not excessive as they did not deviate materially from what would be reasonable compensation ( see, CPLR 5501 [c]; Monaco v. Canty, 238 A.D.2d 486, 487; Abdulai v. Roy, 232 A.D.2d 229). Accordingly, the verdict as to damages for past pain and future pain and suffering is reinstated. However, the verdict on the issue of damages for future medical expenses is not supported by the evidence and deviated from what would be reasonable compensation to the extent indicated herein.
S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.