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Gary v. Schwartz

339 N.Y.S.2d 39 (1972)

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Gary v. Schwartz

Supreme Court of New York

339 N.Y.S.2d 39 (1972)

Facts

Robert Gary, a 16-year-old, was riding his bike when he was struck and killed by David Schwartz, who was driving his car negligently. Barbara Gary (plaintiff), Robert’s mother, brought a wrongful-death action against Schwartz’s mother (defendant), the owner of the car. Robert was by all accounts a good young man who was planning to go to college and dental school. Robert left a younger brother, in addition to his mother. Robert’s father died of a heart attack four months before trial. The jury found in favor of Gary, awarding her $2,510.40 in special damages and $98,000 in general damages. Schwartz’s mother filed a motion to set aside the verdict.

Rule of Law

Issue

Holding and Reasoning (Albert, J.)

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