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FIEDERLEIN v. NEW YORK CITY HEALTH & HOSPS. CORP.

56 N.Y.2d 573 (1982)

Constantina Fiederlein, Individually and as Administratrix of The Estate of William Fiederlein, Deceased, Appellant, v. New York City Health and Hospitals Corporation, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1982.

Attorney(s) appearing for the Case

Robert G. Harley for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Bernard Abel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The evidence was insufficient to form the basis for a jury award of damages for conscious pain and suffering. Mere conjecture, surmise or speculation is not enough to sustain a claim for damages. There was no direct proof of the cause of the decedent's death and, more importantly, there was no proof of conscious pain and suffering in connection...

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