Gary v. Schwartz
Supreme Court of New York
339 N.Y.S.2d 39 (1972)
Sixteen-year-old Robert Gary was killed while biking by David Schwartz's negligent driving; his mother, Barbara Gary (plaintiff), sued the car's owner, Schwartz's mother (defendant), for wrongful death. Robert was described as a responsible young man planning to attend college and dental school, who left behind his mother and a younger brother, and whose father had died shortly before trial. The jury awarded $2,510.40 in special damages and $98,000 in general damages, and the defendant moved to set aside the verdict.
Whether the proper measure of damages in a wrongful-death suit is the decedent's pecuniary value to the plaintiff, plus reasonable medical and funeral expenses incident to the fatal injury.