Stevens v. State

This action was brought to recover damages for the death of George Stevens while he was a patient at Manhattan State Hospital. In the claim there is no specific pleading that decedent endured conscious pain and suffering and no item of damages or demand therefor is stated. However, upon the trial claimant’s counsel moved to amend the pleading to include an allegation of conscious pain and suffering and the court reserved decision on the motion. The motion is granted.

It appears from the transcript of the minutes of the trial that upon the motion of the Attorney-General the court struck from…