Opinion
March 1, 1993
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is reversed, on the facts, with costs, the motion is denied, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for entry of a judgment in accordance with the jury verdict.
This action arises from a slip and fall accident where the plaintiff, who was approximately 50 years old at the time of the accident, suffered a fractured wrist, aggravation of a pre-existing condition of profound osteoporosis, and a chronic sprain in her lower back. The plaintiff's retained medical expert who examined the plaintiff solely for purposes of litigation testified that, with a reasonable degree of medical certainty, the plaintiff's condition was permanent. The plaintiff testified that she was no longer able to perform her usual work, which involved physical strength in both hands.
The Supreme Court set aside the $209,750 verdict, noting, inter alia, that there was insufficient evidence with respect to the plaintiff's future ability to work.
It is well settled that the amount of damages to be awarded for personal injuries is primarily a question of fact for the jury (see, Florsz v. Ogruk, 184 A.D.2d 546; Jandt v. Abele, 116 A.D.2d 699; Senko v. Fonda, 53 A.D.2d 638). In light of the evidence that the plaintiff suffered from continued pain, restricted motion, and weakness in the affected wrist, we find that the damages award, including $106,250 for future loss of earnings, did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]). Therefore, the court improperly exercised its discretion in setting aside the verdict as excessive. Thompson, J.P., Sullivan, Miller and Santucci, JJ., concur.