Parilis v. Feinstein
| Decision Date | 29 April 1980 |
| Citation | 406 N.E.2d 1059,49 N.Y.2d 984,429 N.Y.S.2d 165 |
| Parties | , 406 N.E.2d 1059 Herbert PARILIS, as Administrator of the Estate of David B. Parilis, Deceased, et al., Respondents, v. Joyce FEINSTEIN, an Infant, by Her Father and Natural Guardian, Herbert Feinstein, et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, with costs.
In this negligence action to recover damages stemming from the death of decedent, a 12-year-old boy, plaintiff was awarded $50,000 for wrongful death and $25,000 for conscious pain and suffering, the latter amount having been reduced to $15,000 upon stipulation. On this appeal, defendant maintains that, as a matter of law, the jury was required to be instructed that plaintiff was limited to recovering nominal damages on the wrongful death cause of action. The amount of the wrongful death award is not otherwise questioned by defendant.
Damages in a wrongful death action are, by statute, limited to "pecuniary injuries" suffered by the distributees of decedent's estate (EPTL 5-4.3). Such damages are limited to loss of support, voluntary assistance and possible inheritance, as well as medical and funeral expenses incidental to death (Keenan v. Brooklyn City R. R. Co., 145 N.Y. 348, 350-351, 40 N.E. 15), but do not include those damages which could have been recovered in a personal injury action had the decedent survived (Liff v. Schildkrout, 49 N.Y.2d 622, 633, 427 N.Y.S.2d 746, 404 N.E.2d 1288). But in any wrongful death action, especially one involving a child of tender years, the absence of dollars and cents proof of pecuniary loss does not relegate the distributees to recovery of nominal damages only (Ihl v. Forty-Second St. & Grand St. Ferry R. R. Co., 47 N.Y. 317, 320-321; cf. Park West Mgt. Corp. v. Mitchell, 47 N.Y.2d 316, 329, 418 N.Y.S.2d 310, 391 N.E.2d 1288). Rather, since it is often impossible to furnish direct evidence of pecuniary injury, calculation of pecuniary loss is a matter resting squarely within the province of the jury. In the present case, there was proof as to the age, character and condition of the decedent and the circumstances of his distributees. This evidence was sufficient to premise the award of pecuniary damages and the jury's evaluation of this factual question may not be disturbed here as a matter of law (...
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Matthias v. United States
...Charles v. Suvannavejh , 28 Misc.3d 1157, 907 N.Y.S.2d 362, 365 (N.Y. Sup. Ct. 2009). See also Parilis v. Feinstein, 49 N.Y.2d 984, 985-86, 429 N.Y.S.2d 165, 406 N.E.2d 1059 (N.Y. 1980) (holding when the decedent was an infant, the damages are still a question of fact, and often difficult t......
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Barrett v. US
...and nurture, (4) reasonable funeral expenses, and (5) Blauer's conscious pain and suffering. Parilis v. Feinstein, 49 N.Y.2d 984, 985, 429 N.Y.S.2d 165, 166, 406 N.E.2d 1059, 1060 (Ct.App.1980). These components of the Estate's damages are discussed 1. Lost Support, Voluntary Assistance, an......
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IN RE EASTERN AND SOUTHERN DISTRICTS ASBESTOS LIT.
...is to compensate for "`pecuniary losses' suffered by the distributees of the decedent's estate." Parilis v. Feinstein, 49 N.Y.2d 984, 985, 429 N.Y.S.2d 165, 406 N.E.2d 1059 (1980). The prejudgment interest provision implements this goal by ensuring that the distributees are compensated for ......
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Freier v. Westinghouse Elec. Corp., Docket No. 00-7724(L).
...recovery in survival action "includes only damages accruing until [the decedent's] death"), with Parilis v. Feinstein, 49 N.Y.2d 984, 985, 429 N.Y.S.2d 165, 166, 406 N.E.2d 1059 (1980) (mem.) (in a wrongful death action, recovery is permissible for "loss of support, voluntary assistance and......