Legal Opinion
Windus v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided January 25, 1979PublishedCited by 6 opinions
1Opinion of the Court
— Judgment and order reversed, on the law and facts, with costs, and a new trial granted solely on the issue of damages. Memorandum: 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 *834determining 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” (EPTL 5-4.3), her age and…
2Cases cited3 opinions
- Bartkowiak v. St. Adalbert's Roman Catholic Church SocietyAppellate Division of the Supreme Court of the State of New York · 1973
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- Russell v. CirilloAppellate Division of the Supreme Court of the State of New York · 1962
3Cited by6 opinions
- Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
- Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Hanson v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1986
- 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
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