Skip to main content
· 3/13/1972

Claim of Lodge v. Just One Break, Inc.

Citations

  • 38 A.D.2d 999
  • 329 N.Y.S.2d 480
  • 1972 N.Y. App. Div. LEXIS 5184

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • $1,000,000 award reduced to $350,000; murder victim was asphyxiated by gagging, and also suffered numerous fractures and bruises
  • damages recoverable in wrongful death action “are occasioned by the economically recognized and calculable losses of the household management services of a mother”
  • “Asphyxiation by gagging, whether it occurred within minutes or within an hour of the initial assault, is a particularly slow and terrifying way to die and, under the circumstances, we do not find the [$350,000] award for conscious pain and suffering ... to be excessive.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.