Legal Opinion

Parilis v. Feinstein

New York Court of Appeals

Decided April 29, 1980PublishedCited by 83 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

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…

2Cases cited4 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. Liff v. SchildkroutNew York Court of Appeals · 1980
  3. Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  4. Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888

3Cited by83 opinions

  1. Shu-Tao Lin v. McDonnell Douglas Corp.Court of Appeals for the Second Circuit · 1984
  2. Woodling v. Garrett Corp.Court of Appeals for the Second Circuit · 1987
  3. Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
  4. In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
  5. Raucci v. Town of RotterdamCourt of Appeals for the Second Circuit · 1990

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