Reynolds v. Maisto
| Decision Date | 22 June 1931 |
| Citation | 155 A. 504,113 Conn. 405 |
| Parties | REYNOLDS v. MAISTO. In re SHERWILL'S ESTATE. |
| Court | Connecticut Supreme Court |
Appeal from Court of Common Pleas, New Haven County; Harry J Beardsley, Judge.
Action by Katherine Reynolds, administratrix of the estate of Joseph P. Sherwill, deceased, against Frank Maisto, to recover damages for the death of the plaintiff's intestate alleged to have been caused by the defendant's negligence, tried to the jury. Verdict for the plaintiff for $1,000, which the trial court, on her motion, set aside, and from this decision the defendant appeals.
No error.
Walter F. Torrance, of Waterbury, for appellant.
Michael V. Blansfield and John E. Whalen, both of Waterbury for appellee.
Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY, JJ.
This is an action brought to recover damages from the defendant for causing the death of the plaintiff's decedent by the negligent operation of an automobile. The jury returned a verdict of $1,000 for the plaintiff, which the trial court on her motion set aside as inadequate. The decedent was past sixty years of age, in good health, with a life expectancy of fourteen and ten one hundredths years. He had been regularly employed in a manufacturing plant at a wage of $30 a week, and during the year preceding his death had earned nearly $1,500. His injury occurred on December 31, 1929, and he died February 5, 1930. During the interval, he was confined to a hospital, and there was evidence that he endured great pain and suffering. Medical and hospital bills were incurred by reason of his injury to the amount of $150.50. His loss of wages from the time of his injury to his death was conceded to be $142.50. The plaintiff was entitled to the same recovery for these elements of damage as the decedent would have had, had he lived. Kling v. Torello, 87 Conn. 301, 305, 87 A. 987, 46 L.R.A. (N. S.) 930; Bunnell v. Waterbury Hospital, 103 Conn. 520, 529, 131 A. 501.
Eliminating certain duplications and questioned items, evidence was also admitted without objection of funeral and like expenses paid as a result of the death of the decedent to the amount of $426, of the cost of a monument, $250, and of provision for perpetual care of the lot where he was buried, of which only that proportion was claimed as was represented by the one grave used for his interment, $25. None of these items were properly elements of recovery. Damages under our statute are not estimated from the standpoint of the loss caused by the death of the decedent to those who will ultimately benefit from a recovery, but they represent an increment of value coming to his estate as of the moment of his death measured by the economic loss...
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Chase v. Fitzgerald
...reviewing our decisions as to the rule of damages in death cases. Particularly are we concerned about the statement in Reynolds v. Maisto, 113 Conn. 405, 406, 155 A. 504, where we said: ‘Damages under our statute are not estimated from the standpoint of the loss caused by the death of the d......
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Lengel v. New Haven Gas Light Co.
...contrary to the law. See R. F. Baker Co. v. P. Ballantine & Sons, 127 Conn. 680, 683, 20 A.2d 82, 137 A.L.R. 916; Reynolds v. Maisto, 113 Conn. 405, 407, 155 A. 504; Fenton v. Mansfield, 82 Conn. 343, 349, 73 A. 770; St. Paul's Episcopal Church v. Fields, 81 Conn. 670, 676, 72 A. 145; Lyon ......
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Butler v. Steck
...the award may include an allowance for pain and suffering. Chase v. Fitzgerald, supra, 132 Conn. 468, 45 A.2d 792; see Reynolds v. Maisto, 113 Conn. 405, 406, 155 A. 504, and cases cited. Then too, there are the special damages enumerated in the statute: 'reasonably necessary medical, hospi......
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Farrell v. L. G. De Felice & Son Inc.
...before his death, and medical, surgical and hospital bills, but not funeral expenses and like charges on the estate. Reynolds v. Maisto, 113 Conn. 405, 406, 155 A. 504; Bunnell v. Waterbury Hospital, 103 Conn. 520, 529, 131 A. 501. The principal element of damages is ordinarily the economic......