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Gonzalez v. New York City Housing Authority

Court of Appeals of New York

572 N.E.2d 598 (1991)

Relevant factsFree

Gonzalez and Freire (plaintiffs), independent adult grandchildren, sued the Housing Authority (defendant) after an assailant tortured and murdered their 76-year-old grandmother in her apartment building; despite living independently, the grandchildren visited her regularly, relied on her for meals and help coping with their mentally ill mother, and one grandchild had stayed with her during a marital crisis and expected her help with future childcare. The jury awarded $1,250,000 for wrongful death and $1,000,000 for conscious pain and suffering, later reduced by the trial court to $100,000 and $350,000 respectively; the Housing Authority appealed, arguing wrongful-death damages require pecuniary loss that independent adults couldn't show, and that the evidence didn't support conscious pain and suffering.

IssueFree

Whether recoverable wrongful-death damages include compensation for the loss of a decedent's services, in addition to damages for the decedent's conscious pain and suffering.

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