Gardner v. State

Appeal and cross appeal from a judgment of the Court of Claims (Diane L. Fitzpatrick, J.), entered October 6, 2014. The judgment awarded claimants money damages in a structured judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by setting aside the award of damages for past loss of support, and as modified the judgment is affirmed without costs, and a new trial is granted on damages for past loss of support only unless claimants, within 20 days of service of a copy of the order of this Court with notice of entry, stipulate to reduce the award…