PHILLIPPS v. NEW YORK CITY TRANSIT AUTHORITY (2011)

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered July 9, 2010, upon a jury verdict awarding plaintiff $300,000 for past pain and suffering and $300,000 for future pain and suffering, unanimously affirmed, without costs.

The verdict was not contrary to the weight of the evidence adduced at trial (see Cohen v. Hallmark Cards, 45 N.Y.2d 493 [1978] ). In light of the unrefuted testimony of plaintiff's medical expert that a medical record entry, reflecting plaintiff's statement to hospital personnel that his injuries occurred when he fell on his back due to a sudden, violent movement of a bus he was exiting, was relevant to diagnosis and treatment, it was a proper exercise of discretion for the court to allow the entry into evidence (see People v. Ortega, 15 NY3d 610 [2010] ).

Defendants' claim that plaintiff's testimony failed to establish a prima facie case of negligence is not preserved for appellate review, since they failed to move for a directed verdict at trial (see Rodgers v. 72nd St. Assoc., 269 A.D.2d 258, 259 [2000] ). In any event, plaintiff's description of the incident and the nature of his injuries was sufficient to satisfy the requirement of showing that the bus's departure caused a jerk or lurch that was unusual and violent (see DiSalvatore v. New York City Tr. Auth., 45 AD3d 402 [2007]; Fonseca v. Manhattan & Bronx Surface Tr. Operating Auth., 14 AD3d 397 [2005] ).

The damages awarded do not materially deviate from what would be reasonable compensation under the circumstances (CPLR 5501[c]; see e.g. Morales v. Heron, 250 A.D.2d 408 [1998] ).