FREY v. CHESTER E. SMITH & SONS, INC.

No. 88-CV-498.

751 F.Supp. 1052 (1990)

Lisa M. FREY, Individually and as Administratrix of the Estate of Charles M. Frey, Deceased, Plaintiff, v. CHESTER E. SMITH & SONS, INC., Defendant. CHESTER E. SMITH & SONS, INC., Third-Party Plaintiff, v. FAHS-ROLSTON PAVING CORP., Third-Party Defendant.

United States District Court, N.D. New York.

November 28, 1990.


Attorney(s) appearing for the Case

Hinman, Howard & Kattell, James L. Chivers, of counsel, Binghamton, N.Y., for plaintiff.

O'Connor, Gacioch & Pope, Hugh B. Leonard, of counsel, Binghamton, N.Y., for defendant.


Memorandum-Decision and Order

McAVOY, District Judge.

Following trial of this wrongful death action, the jury returned a verdict in plaintiff's favor awarding $25,000 for decedent's pain and suffering, $136,058 for prejudgment, or past, losses, and $1,025,250 for future losses. The jury also found decedent 5% at fault, defendant 60% at fault, and third-party defendant Fahs-Rolston Paving Corp., which settled with plaintiff for $500,000 and a waiver...

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