MacKendrick v. Newport News Shipbuilding & Dry Dock Co.
New York Supreme Court
1Opinion of the CourtSamuel A. Spiegel, J.
The issue confronting this court is whether to apply the substantive laws of the State of New York or of the Commonwealth of Virginia, in an out-of-State wrong*995ful death action due to an accident other than in an automobile or airplane. Jurisdiction of this court is not challenged.
This is an action to recover damages in the sum of $500,000 for wrongful death and $50,000 for conscious pain and suffering.
When this matter was called for trial, counsel agreed with the court that until the appropriate substantive law was determined, obviously, there could be no trial on the issue of negligence.
As a…
2Cases cited19 opinions
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Richards v. United StatesSupreme Court of the United States · 1962
- Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964
- Auten v. AutenNew York Court of Appeals · 1954
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
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3Cited by10 opinions
- Elaine Rosenthal, as of the Estate of Martin C. Rosenthal, Deceased v. Kenneth W. Warren, and New England Baptist HospitalCourt of Appeals for the Second Circuit · 1973
- Gordon v. Eastern Air Lines, Inc.District Court, S.D. New York · 1975
- Rosenthal v. WarrenDistrict Court, S.D. New York · 1972
- Viera v. Uniroyal, Inc.New York Supreme Court · 1988
- Walkes v. WalkesDistrict Court, S.D. New York · 1979
5 more not listed; retrieve them via the Exa API.