Gary v. Schwartz

Citation. 339 N.Y.S.2d 39 (NY 1972)

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Citation339 N.Y.S.2d 39 (NY 1972)

Brief Fact Summary.

Barbara Gary filed a wrongful death action against Schwartz after Schwartz negligently struck and killed her 16-year-old son.

Synopsis of Rule of Law.

The proper measure of damages in a wrongful death suit is the pecuniary value of the decedent to the plaintiff, and medical and funeral expenses.

Points of Law - Legal Principles in this Case for Law Students.

The standard has been variously phrased: Common phrases are such as: grossly excessive, inordinate, shocking to the judicial conscience, outrageously excessive, so large as to shock the conscience of the court, monstrous, and many others.

View Full Point of Law

A 16-year-old, Robert Gary, was killed by the negligent driving of Schwartz. Barbara Gary (Gary) filed a wrongful death action against Schwartz. The jury found in favor of Gary.

Issue.

What is the proper measure of damages in a wrongful death suit?

Held.

Yes. The judgment of the trial court is affirmed and the damages award was reasonable.

Discussion.

The proper measure of damages in a wrongful death suit is the pecuniary value of the decedent to the plaintiff, and medical and funeral expenses. If the decedent is a child, the damages award should be reduced by the expenses the plaintiff would have incurred to care for the decedent.