Opinion
November 20, 1961
In a negligence action to recover damages for the wrongful death of the decedent and for decedent's conscious pain and suffering, the defendants appeal from a judgment of the Supreme Court, Kings County, entered April 28, 1960, in favor of plaintiff, after a nonjury trial, awarding $15,000 damages upon the first cause of action for wrongful death and $5,000 damages upon the second cause of action for conscious pain and suffering. Judgment modified on the facts, by reducing the award of $15,000 damages upon the first cause of action for wrongful death to $11,000, and by reducing the interst accordingly. As so modified, judgment affirmed, without costs. In our opinion, under all the circumstances disclosed by the record the award of $15,000 upon the first cause of action was excessive, whereas the reduced award of $11,000 is adequate compensation to decedent's beneficiary for the pecuniary loss suffered by him in consequence of decedent's wrongful death. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.