GRISCTI v. STATE


35 A.D.2d 764 (1970)

Michael Griscti, as Administrator of The Estate of Olympia Griscti, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 48612.)

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

October 28, 1970


The sole issue presented is whether the award of $100,000 damages was excessive. Damages for wrongful death are limited to the reasonable expectation of pecuniary loss. Many factors are involved in the assessment of damage amounts, and comparison with other cases is not really too useful since each case depends on its own merits. The decedent, a housewife, was 38 at the time of her death and left a husband and four infant children, all under eight years of age. The additional...

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