Opinion
June 14, 1993
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the judgment is affirmed, with costs.
We reject the plaintiff's contention that the damages awarded were inadequate. At the trial, there was no proof that the plaintiff suffered any fractures or spinal cord injuries. The testifying physicians disagreed as to whether he even suffered a herniation. Some of the medical records revealed that the plaintiff never complained of pain in the region of the spine where the herniation allegedly occurred. In addition, an employment-related physical exam of the defendant, taken about 14 months after the accident, indicated that he was "physically qualified * * * without limitations". Thus, it cannot be said that the damages awarded for past pain and suffering and loss of wages deviated materially from what would be reasonable compensation for the plaintiff's alleged injuries (see, Rubin v Aaron, 191 A.D.2d 547; Heberer v. Nassau Hosp., 119 A.D.2d 729; see also, CPLR 5501 [c]; Orris v. West, 189 A.D.2d 866). Indeed, while finding that the plaintiff was unable to perform substantially all of his usual and customary daily activities for at least 90 of the 180 days immediately after the accident, the jury rejected the plaintiff's claim that he sustained any "permanent loss", "permanent consequential limitation" or "significant limitation" of a body function or system.
We have considered the plaintiff's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Lawrence and Eiber, JJ., concur.