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FRANCHELL v. SIMS

73 A.D.2d 1 (1980)

E. Raymond Franchell, Individually and as Administrator of The Estates of Michael J. Franchell and John W. Franchell, Both Deceased, Appellant, v. Robert R. Sims et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 20, 1980

Attorney(s) appearing for the Case

MaGavern, MaGavern, Lowe, Beilewech & Dopkins (George Rich of counsel), for appellant.

Smith, Murphy & Schoepperle (Richard Schoepperle of counsel), for respondents.

SIMONS, HANCOCK, JR., CALLAHAN and DOERR, JJ., concur.

CARDAMONE, J. P.

On September 5, 1976 two brothers, Michael and John Franchell, were fatally injured in an automobile accident in West Monroe, New York. An action was brought by their father, the plaintiff, Raymond Franchell, individually and as administrator of their estates, to recover for their wrongful deaths and conscious pain and suffering. Prior to the trial defendants Robert R. Sims and Sims Match Plate...

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