Windus v. Baker
| Decision Date | 25 January 1979 |
| Citation | 413 N.Y.S.2d 67,67 A.D.2d 833 |
| Parties | Ned WINDUS, as Administrator of the Goods, Chattels and Credits of Connie Windus, Deceased, Appellant, v. Ruth A. BAKER, as Administratrix of the Goods, Chattels and Credits of Zane Edwards, Deceased, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Joseph C. Dwyer, P.C., Olean, for appellant.
Hornburg, Diggs & Hornburg, P.C., Olean, by Philip Marks, Olean, for respondent.
Before CARDAMONE, J. P., and SCHNEPP, CALLAHAN, DOERR and MOULE, JJ.
The 13-year old decedent was overcome and died as a result of carbon-monoxide poisoning. In an action brought to recover for her wrongful death, the jury awarded her estate, in addition to the funeral expenses and a grave marker, the sum of $4,854.50 for pecuniary loss.
In determining the "fair and just compensation" for the pecuniary loss resulting from the death of this minor "to the persons for whose benefit the action is brought" (Estate, Powers & Trusts Law, § 5-4.3), her age and life expectancy, state of health, current and probable future earnings during her minority above her support, the probability of her having means to support her parents, if they are in need and the voluntary assistance which decedent might have given to her parents are relevant factors to be considered (Bartkowiak v. St. Adalbert's R.C. Church, 40 A.D.2d 306, 309-310, 340 N.Y.S.2d 137, 141-142). Also to be considered are the health, age, and condition of those for whose benefit the action is brought (Arnold v. State of New York, 163 App.Div. 253, 264-265, 148 N.Y.S. 479, 485-486). From all of these circumstances the question to be determined is what were the probable chances for pecuniary benefit from the decedent for those on whose behalf the action is brought and what those benefits, if any, were worth.
This teen-aged girl was in excellent health, maintained good grades in junior high school, was an outgoing person, as evidenced by her position as cheerleader for junior high school sports teams, played a flute in the school band and attended church regularly where she was a member of the "Youth Fellowship." Evidence of her future potential to her parents is gleaned from the fact that she was industrious and hard-working, holding a babysitting job during the summer and on weekends during the school year. She helped out at home and was described as a "mindful," "mature and responsible," "good girl" who had never had any problem in school. ...
To continue reading
Request your trial
-
Scalone v. Phelps Memorial Hosp. Center
...of damages payable in a wrongful death action ( see, Hanson v. County of Erie, 120 A.D.2d 135, 138, 507 N.Y.S.2d 778; Windus v. Baker, 67 A.D.2d 833, 834, 413 N.Y.S.2d 67; Franchell v. Sims, 73 A.D.2d 1, 424 N.Y.S.2d 959; Woodard v. Pancio, 65 A.D.2d 923, 410 N.Y.S.2d Our review of the case......
-
Estate of Vasquez
...pecuniary loss, not the longer life expectancy of decedent [see Franchell v. Sims, 73 A.D.2d 1, 424 N.Y.S.2d 959; Windus v. Baker, 67 A.D.2d 833, 413 N.Y.S.2d 67; Wishart v. Andress, 46 A.D.2d 998, 361 N.Y.S.2d 791]. However, weight must also be given to pecuniary loss encompassing more tha......
-
Krueger v. Wilde, 1
...Petersen v. Owens, 186 A.D.2d 1029, 1030, 588 N.Y.S.2d 677; Brown v. Horn, 179 A.D.2d 1073, 1074, 578 N.Y.S.2d 951; Windus v. Baker, 67 A.D.2d 833, 413 N.Y.S.2d 67; cf., Moyer v. State of New York, 175 A.D.2d 607, 572 N.Y.S.2d 262). We modify that part of the order granting plaintiff a new ......
-
Franchell v. Sims
...between decedent and those claiming to suffer pecuniary loss and those persons' health, age and circumstances (Windus v. Baker, 67 A.D.2d 833, 834, 413 N.Y.S.2d 67, 68; Freeman v. Corbin Ave. Bus. Co., 60 A.D.2d 824, 825, 401 N.Y.S.2d 224, 225; Lyons v. Arden De Vore, 48 A.D.2d 943, 944, 36......