Damages for wrongful death.

Practice point: In an action to recover damages for wrongful death, the measure of damages includes fair and just compensation for the pecuniary injuries resulting from the decedent's death to the persons for whose benefit the action is brought, pursuant to EPTL 5-4.3[a].

Student note:  The essence of the cause of action is that the plaintiff's reasonable expectancy of future assistance or support by the decedent was frustrated by the decedent's death, and so loss of support, voluntary assistance and possible inheritance, as well as medical and funeral expenses incidental to death, are injuries for which damages may be recovered.

Case: Johnson v. Richmond Univ. Med. Ctr., NY Slip Op 09033 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: The storm-in-progress rule.