PUB. ADM'R OF COUNTY OF NEW YORK v. UNITED STATES LINES, INC.


197 A.D.2d 392 (1993)

603 N.Y.S.2d 20

Public Administrator of County of New York, as Administrator of The Estate of Alfredo Valverde, Deceased, Respondent-Appellant, v. United States Lines, Inc., Appellant-Respondent

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

October 7, 1993


The evidence was sufficient for the jury to find that decedent, whose body was never recovered, had been engulfed by a wave and thrown overboard while still conscious, and remained conscious for three hours before perishing at sea. We find no basis to interfere with the amounts awarded for loss of services and nurture, or the amount to which plaintiff stipulated for pain and suffering (cf., Willett v Western Oceanic, 117 FRD 379, 383). Unlike the authority relied...

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