Teitel v. New York City Transit Authority

In an action to recover damages for wrongful death and conscious pain and suffering, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Horowitz, J.), dated May 5, 1989, as, upon a jury verdict finding them to be 95% at fault and the plaintiff’s decedent 5% at fault in the happening of the accident and finding that the plaintiff suffered damages in the amount of $1,200,000 for wrongful death, is in favor of the plaintiff and against them in the principal sum of $1,140,000 for wrongful death.

Ordered that the judgment is reversed…