Legal Opinion
Moyer v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously affirmed without costs. Memorandum: The calculation of damages for wrongful death is a matter resting within the province of the finder of the fact (Parilis v Feinstein, 49 NY2d 984, 985). Among the factors to be considered in making an award for pecuniary damages in a death action involving a child are age, life expectancy, decedent’s earning potential, probability of means to support parents, if they are in need, and the relationship between *608decedent and those persons claiming to suffer pecuniary loss and the circumstances of those persons (Franchell v Sims, 73 AD2d…
2Cases cited2 opinions
- Parilis v. FeinsteinNew York Court of Appeals · 1980
- Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by6 opinions
- Datskow v. Teledyne Continental Motors Aircraft ProductsDistrict Court, W.D. New York · 1993
- Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Krueger v. WildeAppellate Division of the Supreme Court of the State of New York · 1994
- Petersen v. OwensAppellate Division of the Supreme Court of the State of New York · 1992
- Pesante v. MundellAppellate Division of the Supreme Court of the State of New York · 2007
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