GARCIA v. HERALD TRIBUNE FRESH AIR FUND, INC.


51 A.D.2d 897 (1976)

Virginia Garcia, as Administratrix of The Estate of George Bonilla, Deceased, Respondent, v. Herald Tribune Fresh Air Fund, Inc., Appellant

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

March 1, 1976


In this negligence action to recover for personal injuries and wrongful death, the jury found (1) that a Mrs. LeClair, to whom the care of the 10-year-old decedent was entrusted, was acting as an agent of the defendant, and (2) that the defendant was negligent. The jury could not agree upon the dollar value of the damages sustained. The court treated the jury's findings as a verdict on liability in favor of plaintiff and against the defendant and set the case down for trial...

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