Opinion
April 12, 1994
Appeal from the Supreme Court, Kings County (Jules Spodek, J.).
A jury verdict in favor of a defendant should not be set aside unless the jury could not have reached the verdict upon any fair interpretation of the evidence (see, Patti v Fenimore, 181 A.D.2d 869, 871; Niewieroski v National Cleaning Contrs., 126 A.D.2d 424, lv denied 70 N.Y.2d 602). Here, there was a conflict in expert testimony between plaintiff's expert, who testified that plaintiff's pain was the result of a herniated disc caused by trauma when her car was struck by defendant's vehicle, and defendants' experts, who were of the view that plaintiff's back condition was a normally degenerative non-pain producing bulging disc and that her back pain was caused by kidney stones. This created a question of credibility properly left to the jury (see, Syrkett v Burden, 176 A.D.2d 938).
Concur — Rosenberger, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.