Opinion
November 22, 1961
Appeal by plaintiff from a judgment of the Supreme Court in Rensselaer County, entered upon a verdict of $10,000 in favor of plaintiff in a personal injury negligence action, and from an order denying plaintiff's motion to set aside the verdict as inadequate. It is clear that plaintiff sustained a back injury of some nature when his automobile and that of the defendant collided. By his supplemental bill of particulars, he claimed aggravation of a degenerated disc and the testimony of the physicians called by him supported that contention. Defendant's expert said that plaintiff suffered from a static back ache which he attributed to the accident, to plaintiff's excessive weight and to heavy work — "So that he had a muscular back sprain superimposed on a static back disability." Plaintiff was first hospitalized about one year after the accident, and during this intervening period and until his corporate employer ceased to operate he received his full salary. During the period of six to eight weeks following the accident he was able to drive some considerable distances so as to give some supervision to three construction jobs which he had in progress, and thereafter to go to the jobs daily. The jury was, of course, entitled to accept defendant's medical evidence and to reject or discount plaintiff's subjective complaints of pain and to disbelieve some part, at least, of his testimony as to his inability to perform his usual duties. Giving proper consideration to these factors, we cannot say that the damages awarded were inadequate. Judgment and order affirmed, without costs. Bergan, P.J., Coon, Gibson and Reynolds, JJ., concur.