Rothman v. St. Barnabas Hospital for Chronic Diseases
| Decision Date | 12 December 1963 |
| Citation | 244 N.Y.S.2d 791,20 A.D.2d 531 |
| Parties | Bernard ROTHMAN, as administrator of the goods, chattels and credits of Ellen Sue Rothman, Deceased, Plaintiff-Respondent, v. ST. BARNABAS HOSPITAL FOR CHRONIC DISEASES, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
M. Toberoff, New York City, for plaintiff-respondent.
J. M. Callahan, Jr., New York City, for defendant-appellant.
Before RABIN, J. P., and McNALLY, STEVENS, EAGER and STEUER, JJ.
Judgment unanimously modified so as to affirm the judgment for plaintiff in the first cause of action, and to reverse and vacate the judgment for plaintiff as to the second cause of action on the ground of excessiveness, and to order a new trial as to such cause, unless plaintiff stipulates to accept $478.80, the stipulated amount of the funeral expenses, with interest thereon as provided in the statute, in which event the judgment as so modified is otherwise affirmed, without costs to either party. Damages for wrongful death are allowed as compensation for pecuniary loss suffered by persons for whose benefit the action is brought (Decedent Estate Law, § 132). The question of probable chances for pecuniary benefit from continuance of life is of primary importance, for life expectancy is an element of damages. Each case depends upon its own peculiar facts (Liubowsky v. State of New York, 260 App.Div. 416, 418, 23 N.Y.S.2d 633, 634-635, aff'd 285 N.Y. 701, 34 N.E.2d 385). While damages for wrongful death are necessarily prospective and contingent there are always certain factors to be considered. These include the health, age, sex, physical and mental condition of the deceased. Considering the past history of this child, at least from the age of 6 1/2 years, and the precarious condition of her health, it is clear that there was a failure to establish the likelihood of her survival to maturity, much less that she would have been able to make monetary or service contributions to her parents. The evidence does not sustain an award on the second cause beyond the amount of the funeral expenses. Settle order on notice.
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...death. Several factors may be considered by the trier of fact in computing this amount, such as age and health, (Rothman v. St. Barnabas Hosp., 20 A.D.2d 531, 244 N.Y.S.2d 791) habits, possible charitable contributions, expenditures for decedent's own support, (Zaninovich v. American Airlin......
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Schempp v. City of New York
...loss, the condition and health of the decedent and his life expectancy were relevant factors (see Rothman v. St. Barnabas Hosp. for Chronic Diseases, 20 A.D.2d 531, 244 N.Y.S.2d 791), and the existence of the previous physical impairment would tend to reduce the recovery for such loss. Cert......
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