Opinion
February 2, 1987
Appeal from the Supreme Court, Rockland County (Burchell, J.).
Ordered that the judgment is affirmed, with costs.
We have reviewed the facts of this case and do not find the jury's award of damages to the plaintiff to be inadequate so as to shock the conscience of this court. Therefore, we do not disturb the jury's verdict (see, Trocchia v. Long Is. Coll. Hosp., 121 A.D.2d 626; McFarland v. Makowski, 112 A.D.2d 922).
None of the plaintiff's other claims of error requires reversal. The exclusion of the proposed expert testimony of Edmond Provder, a vocational rehabilitation counselor, was not an error of law and was within the discretion of the trial court (cf., Werner v. Sun Oil Co., 65 N.Y.2d 839, 840). The trial court also acted properly in delivering to the jury a preexisting condition charge and in refusing to give a latent condition charge (cf., Rosenberg v. Rixon, 111 A.D.2d 910). The trial court's loss of earnings charge was also proper (see, Caldwell v New Jersey Steamboat Co., 47 N.Y. 282, 286; Small v. Housman, 220 N.Y. 504, 511). We see no merit to the other contentions of the plaintiff. Mollen, P.J., Thompson, Weinstein and Rubin, JJ., concur.