GROSSMAN v. FRANKLIN HOSPITAL MEDICAL CENTER (1999)

In an action to recover damages for medical malpractice and wrongful death, the defendants appeal from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered January 26, 1998, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $744,822.

ORDERED that the judgment is affirmed, with costs.

 Contrary to the defendants' contention, the plaintiff adduced sufficient evidence from which a jury could rationally conclude that the death of the plaintiff's decedent was proximately caused by the defendants' departure from good and accepted medical practice (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498-499, 410 N.Y.S.2d 282, 382 N.E.2d 1145;  Mortensen v. Memorial Hosp., 105 A.D.2d 151, 158, 483 N.Y.S.2d 264;  Mertsaris v. 73rd Corp., 105 A.D.2d 67, 82-83, 482 N.Y.S.2d 792;  Kiker v. Nassau County, 175 A.D.2d 99, 571 N.Y.S.2d 804).   Moreover, the verdict is based upon a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 495 N.Y.S.2d 184).

 Similarly, the jury's award of damages for lost earnings was not speculative, but was based on the decedent's earnings at the time of his death (see, Johnson v. Manhattan & Bronx Surface Tr. Operating Auth., 71 N.Y.2d 198, 204, 524 N.Y.S.2d 415, 519 N.E.2d 326;  Plotkin v. New York City Health & Hosps. Corp., 221 A.D.2d 425, 426, 633 N.Y.S.2d 585;  Marigliano v. City of New York, 196 A.D.2d 533, 601 N.Y.S.2d 161).   Sufficient evidence was adduced that the decedent did not suffer from any other underlying illnesses or medical complaints which would have prevented his return to his former occupation.

MEMORANDUM BY THE COURT.