BEASOCK v. DIOGUARDI, INC.


100 A.D.2d 50 (1984)

Linda L. Beasock, Individually and as Administratrix of The Estate of Anthony J. Beasock, Deceased, Appellant, v. Dioguardi Enterprises, Inc., et al., Respondents. (Action No. 1.) Linda L. Beasock, Individually and as Administratrix of The Estate of Anthony J. Beasock, Deceased, Appellant, v. Rubber Manufacturers Association, Incorporated, et al., Respondents. (Action No. 2.)

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

March 6, 1984


Attorney(s) appearing for the Case

Friedman & Michael (Robert J. Michael and Thomas R. Monks of counsel), for appellant.

John C. Alletto for Dioguardi Enterprises, Inc., and others, respondents.

Harter, Secrest & Emery (James C. Moore and Timothy J. Costello of counsel), for Mobil Oil Corporation, respondent.

Harris, Beach, Wilcox, Rubin & Levey (Karl S. Essler, Edward K. Macomber and Neva S. Flaherty of counsel), for General Tire & Rubber Company, respondent.

Chamberlain, D'Amanda, Bauman, Chatman, & Oppenheimer for Johnny Antonelli, respondent.

Bigham, Englar, Jones & Houston and Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (Merle M. Troeger, William P. Kardaras and Nicholas F. Russo of counsel), for Kelsey-Hayes Company, respondent.

Greene, Hershdorfer & Sharpe (Ronald V. Sharpe of counsel), for Rubber Manufacturers Association, Inc., respondent.

Sullivan, Gough, Skipworth, Summers & Smith (Robert T. Skipworth of counsel), for Tire & Rim Assoc., Inc., respondent.

DILLON, P. J., DOERR, O'DONNELL and SCHNEPP, JJ., concur.


BOOMER, J.

The principal issue before us is whether punitive damages may be recovered in a personal injury action brought by the personal representative of a decedent. In deciding this issue we are confronted with a knotty problem of conflict of laws, arising from the following facts.

Anthony Beasock died as the result of injuries he received when a truck tire exploded as it was being inflated at a gasoline...

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