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HART v. FORCHELLI

No. 926, Docket 71-1128.

445 F.2d 1018 (1971)

Lucie Dolores HART, as Administratrix of the Goods, Chattels and Credits of Timothy J. Hart, deceased, Plaintiff-Ap-Appellee, v. Vincent FORCHELLI and Charles N. Forchelli, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 21, 1971.

Attorney(s) appearing for the Case

Edward H. Schiff, Brooklyn, N. Y. (Thomas V. Kingham, New York City, Harold L. Cowin, Brooklyn, N. Y., of counsel), for defendants-appellants.

Marvin V. Ausubel, New York City (Emile Z. Berman and A. Harold Frost, New York City, of counsel), for plaintiff-appellee.

Before SMITH and HAYS, Circuit Judges, and POLLACK, District Judge.

PER CURIAM:

This is an appeal from the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) from the award of damages by the jury of $252,000 in an automobile negligence death action. The sole ground for appeal is that the amount of the award is excessive.

The facts are relatively simple and not in dispute. The decedent, Timothy J. Hart, age 18, was killed in an automobile...

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