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LIVACCARI v. ZAFONTE

48 A.D.2d 20 (1975)

Gaetano Livaccari et al., as Administrators of The Estate of Natalie L. Livaccari, Deceased, et al., Respondents, v. Martha B. Zafonte, Appellant

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

May 12, 1975

Attorney(s) appearing for the Case

Mele & Cullen (Joseph D. Ahearn of counsel), for appellant.

Kranis & Kranis (Richard Kranis of counsel), for respondents.

MARTUSCELLO, Acting P. J., and COHALAN, J., concur with SHAPIRO, J.; CHRIST, J., dissents and votes to reverse the judgment and dismiss the complaint, with an opinion, in which LATHAM, J., concurs.

SHAPIRO, J.

Natalie Livaccari, the decedent, was a passenger in a vehicle owned and operated by the defendant. She was injured when the vehicle spun out of control and struck a tree; she died as a result of the injuries so sustained. The jury returned a verdict in favor of the plaintiffs for $85,000 and $5,000 on their causes of action for wrongful death and conscious pain and suffering, respectively. We affirm...

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