Miller v. Santoro

In an action to recover damages for wrongful death, the defendant appeals from a judgment of the Supreme Court, Queens County (Smith, J.), dated *535December 23, 1994, which, upon a jury verdict, finding the decedent 50% at fault in the happening of the accident and awarding the plaintiff $450,000 for conscious pain and suffering (including $250,000 for conscious pain and suffering which occurred at the time of the accident), and $101,468.83 for pecuniary damages (including $93,943.63 for medical expenses), (1) is in favor of the plaintiff and against the defendant in the principal sum of…