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Kolz v. Rand

298 A.D.2d 982 Court N.Y. App. Div. Decision date 2002-10-01 Docket Appeal No. 2 English

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p. 982
Tammy L. Kolz et al., Appellants, v Philip S. Rand et al., Respondents.
(Appeal No. 2.)
[748 NYS2d 307]

—Appeal from part of a judgment of Supreme Court, Ontario County (Henry, Jr., J.), entered April 9, 2001, upon a jury verdict rendered in favor of plaintiffs.

p. 983
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Contrary to plaintiffs’ contention, we conclude that the award of $1 million for 54 years of future pain and suffering does not deviate materially from what would be reasonable compensation (see CPLR 5501 [c]). “It is well settled that the amount of damages to be awarded for personal injuries is primarily a question of fact for the jury” (Schare v Welsbach Elec. Corp., 138 AD2d 477 , 478). The jury was entitled to credit evidence concerning the recovery of plaintiff Tammy L. Kolz from her injuries, including testimony that her daily activities are not severely restricted. Present — Pigott, Jr., P.J., Wisner, Scudder, Burns and Gorski, JJ.

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