Williams v. City Of New York

169 A.D.2d 713 (1991)

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Nature of the Case

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Facts

Williams was struck by a vehicle owned by D and operated by its employee, the defendant Ralph Griffo. Williams was 20 years old and a high school graduate who had been employed at a McDonald's restaurant for three years, earning approximately $4,500 per year. He resided with P, his mother, and four nieces and nephews. Williams contributed $50 per week toward the household, that he contributed about $10 worth of groceries per week to the household, that he helped P, who suffered from arthritis, with household tasks and with the care of the children. Williams bought his own clothes and planned or hoped to start college in the near future. Williams was rendered unconscious by the accident, that although he once or twice reacted to painful stimuli by opening an eye. Williams was given no anesthesia during eight hours of surgery, was unconscious throughout, and did not during those eight hours respond to painful stimuli. He was pronounced dead 17 hours after the accident. P sued for wrongful death, and the jury found that Ds were 85% at fault in the happening of the accident and Williams 15% at fault. Williams was given $100,000 for conscious pain and suffering, and P sustained damages in the amount of $600,000 for wrongful death