Legal Opinion

Livaccari v. Zafonte

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1975PublishedCited by 5 opinions

1Opinion of the CourtShapiro, J.

Natalie Livaccari, the decedent, was a passenger *21in a vehicle owned and operated by the defendant. She was injured when the vehicle spun out of control and struck a tree; she died as a result of the injuries so sustained. The jury returned a verdict in favor of the plaintiffs for $85,000 and $5,000 on their causes of action for wrongful death and conscious pain and suffering, respectively. We affirm the finding of liability, but are of the view that the amount awarded for wrongful death is excessive. A new trial is therefore granted as to that cause of action, limited to the question of…

2Cases cited8 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Galbraith v. BuschNew York Court of Appeals · 1935
  3. Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
  4. Lahr v. TirrillNew York Court of Appeals · 1937
  5. Tortora v. State of New YorkNew York Court of Appeals · 1935

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3Cited by5 opinions

  1. McCullough v. McTavishAppellate Court of Illinois · 1978
  2. Tucker v. ElimelechAppellate Division of the Supreme Court of the State of New York · 1992
  3. Brookman v. Public Service Tire Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Novis v. SheinkinAppellate Division of the Supreme Court of the State of New York · 1977
  5. Lewis v. MeccaAppellate Division of the Supreme Court of the State of New York · 1977

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