Our trial attorneys, Kelly Kline and Emily Lawrence, recently achieved a significant post-trial victory when the Supreme Court granted their motion to vacate a $1 million wrongful death award. The Court agreed the verdict form contained a fundamental legal error that allowed the jury to award damages twice for the same element of loss.
In New York, wrongful death is a statutory cause of action, not a stand-alone category of damages. Recoverable damages are limited to two types: conscious pain and suffering, and pecuniary losses—such as loss of financial support, loss of services, loss of prospective inheritance, and loss of parental guidance. In this case, the verdict sheet listed “for the wrongful death of [the decedent],” as a separate line item alongside “for the total loss of parental guidance,” even though the latter is simply one component of pecuniary loss.
We argued that this format risked duplicative damages and, in fact, the plaintiffs had presented no evidence to support any pecuniary loss. The Court agreed, vacating the $1 million wrongful death award and ordering a new trial limited to pecuniary damages.
This decision underscores the importance of scrutinizing verdict forms and ensuring they accurately reflect the law. Careful post-trial analysis can be critical to protecting clients from legally unsound verdicts.