Gary v. Schwartz
Supreme Court of New York
339 N.Y.S.2d 39 (1972)
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
Holding and Reasoning (Albert, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 173,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.