WHALEN v. DAUGHERTY


30 A.D.2d 604 (1968)

Cyril A. Whalen, Individually and as Administrator of The Estate of James C. Whalen, Deceased, Appellant-Respondent, v. Donald Daugherty, Respondent-Appellant, and Frank Funaro, Respondent

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

May 21, 1968


REYNOLDS, J.

Appellant Whalen brought the instant action for wrongful death and conscious pain and suffering of his intestate, James C. Whalen, sustained as a result of an accident while he was riding as a passenger in a car owned by respondent Daugherty and operated by respondent Funaro. The jury returned a verdict of $15,000 in the wrongful death cause of action against Daugherty but returned a no cause of action in the conscious pain and suffering...

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