Gallina v. State

Judgment unanimously affirmed, with costs to claimant. Memorandum: Claimant son, a passenger in a motor vehicle, suffered serious injuries in an accident. He settled with the drivers and tried his claim against the State of New York. Since the State was found 50% responsible, the judgment against the State was for 50% of the total damages found (General Obligations Law § 15-108 [a]). Claimant father asserted a derivative claim for medical expenses and was awarded the full amount proven. The State argues on appeal that the derivative award should also be reduced by 50%, relying on Merrill v…