Gonzalez v. New York City Housing Authority
Court of Appeals of New York
572 N.E.2d 598 (1991)
Marta Gonzalez and Antonio Freire (plaintiffs) brought a wrongful-death lawsuit after an assailant murdered their 76-year-old grandmother and raped and robbed two other women in an apartment building leased by the New York City Housing Authority (defendant). Their grandmother died from asphyxia by gagging, after being tied and beaten, with eight ribs and her neck broken. At the time of the murder, both grandchildren were grown and living independently, but had been raised by their grandmother, visited her every other day, and shared meals she prepared for their mentally ill mother. In addition, Gonzalez had stayed with her grandmother during a week of marital problems and expected her to provide childcare after she had a baby and went back to school. The jury awarded $1,250,000 for wrongful death and $1,000,000 for conscious pain and suffering, but the trial court reduced those amounts to $100,000 for wrongful death and $350,000 for conscious pain and suffering. The Housing Authority brought subsequent appeals, arguing (1) that wrongful death damages require pecuniary injuries under New York law, and (2) that the evidence did not support an award of damages for conscious pain and suffering.
Rule of Law
Holding and Reasoning (Kaye, 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 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 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.