Hartman v. Dermont

Judgment unanimously reversed, on the law and the facts, without costs, and matter remitted to Supreme Court, Niagara County, for further proceedings in accordance with the following memorandum: Decedent was struck by a car owned and operated by defendant while crossing a city street between intersections on a rainy, dark night. She received multiple serious injuries which hospitalized her until her death resulted 40 days later. Plaintiff’s complaint alleges causes of action for conscious pain and suffering and wrongful death. The court, in a nonjury trial, awarded $80,000 for conscious pain…