Verdicts

Damage Award Lowered Due to Decedent's Problematic Relationship with Survivors

Admitting that he had made a mistake in his decision in Jupiter v. United States, 05-cv-4449. (E.D.N.Y. 8/15/13), a U.S. District Court judge recently slashed the damages he had earlier awarded to the survivors of a man who died of infection following gastric bypass surgery, from $1 million to $150,000.

The surviving children of the decedent, who died at the age of 54, were 21, 19 and 16 years old at the time of his death. They sought and were awarded damages of $1 million for loss of their father's care and guidance. The defendants sought a new trial based, inter alia, on this award, arguing that the amount was excessive under the circumstances.

Testimony at trial indicated that the decedent had had a sometimes troubled relationship with his children, that he had been verbally abusive toward one of them, and that he did not always provide for them financially. However, after he underwent the gastric bypass surgery and become chronically ill, these relationships improved as he lay in the hospital. Eastern District Judge I. Leo Glasser wrote, “That testimony may justifiably warrant the prediction that had [the decedent] survived his operation and at long last been freed from the myriad social, economic, emotional and personal disadvantages and embarrassments obesity most surely imposed … his children would have enjoyed the guidance and parental nurture and succor of which they were deprived by his wrongful death.” On reconsideration, he found that the type of relationship the decedent had with his children for most of his life did not warrant a $1 million award. The $5 million the deceased's wife was originally awarded was left untouched.

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Damage Award Lowered Due to Decedent's Problematic Relationship with Survivors

Admitting that he had made a mistake in his decision in Jupiter v. United States, 05-cv-4449. (E.D.N.Y. 8/15/13), a U.S. District Court judge recently slashed the damages he had earlier awarded to the survivors of a man who died of infection following gastric bypass surgery, from $1 million to $150,000.

The surviving children of the decedent, who died at the age of 54, were 21, 19 and 16 years old at the time of his death. They sought and were awarded damages of $1 million for loss of their father's care and guidance. The defendants sought a new trial based, inter alia, on this award, arguing that the amount was excessive under the circumstances.

Testimony at trial indicated that the decedent had had a sometimes troubled relationship with his children, that he had been verbally abusive toward one of them, and that he did not always provide for them financially. However, after he underwent the gastric bypass surgery and become chronically ill, these relationships improved as he lay in the hospital. Eastern District Judge I. Leo Glasser wrote, “That testimony may justifiably warrant the prediction that had [the decedent] survived his operation and at long last been freed from the myriad social, economic, emotional and personal disadvantages and embarrassments obesity most surely imposed … his children would have enjoyed the guidance and parental nurture and succor of which they were deprived by his wrongful death.” On reconsideration, he found that the type of relationship the decedent had with his children for most of his life did not warrant a $1 million award. The $5 million the deceased's wife was originally awarded was left untouched.

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