JOHNSON v. TR. OPERATING AUTH


71 N.Y.2d 198 (1988)

Kathryn Johnson, Individually and as Administratrix of The Estate of Veronica Ashby, Deceased, Respondent, v. Manhattan & Bronx Surface Transit Operating Authority, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided January 12, 1988.


Attorney(s) appearing for the Case

John A. Murray and Albert C. Cosenza for appellant.

Theodore H. Friedman, Bernard S. Meyer, Edward T. Chase and Michael A. Ciaffa for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

In this action for wrongful death and conscious pain and suffering, we focus primarily on defendant's argument that the trial court erred in two respects on damages: (1) excluding evidence of the decedent's after-tax income for calculating damages based on the lost wages component; and (2) refusing to instruct the jury that, despite the over-all nontaxability of the award, the part of the damages...

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