Public-domain · open source
OpenJurist

197 A.D.2d 498

Plotkin v. State

Appellate Division of the Supreme Court of the State of New York · decided 1993-10-28

Applies 33 U.S.C. § 905

Decided 1993-10-28

¶1—Judgment, Court of Claims (Gerard Weisberg, J.), entered June 1, 1992, after trial, in claimant’s favor in the amount of $683,687.29, unanimously affirmed, without costs.

¶2In this action for wrongful death and conscious pain and suffering (33 USC § 905 [b]) arising from the accidental death by asphyxiation of claimant’s decedent aboard a United States owned training vessel under the control of the State University of New York’s Merchant Marine Academy, the trial court properly determined that the State was responsible for taking preventive safety measures with regard to the carbon dioxide cable that released the gas which caused decedent’s death (46 CFR 310.4 [e] [2] [i]; Parks v United States, 784 F2d 20, 27-28).

¶3The projections as to the future earnings of decedent, who had left his wife and children in Poland seven years earlier to work in the United States and had visited them during that period only once, were correctly premised on decedent’s con*499tinuing to work in this country, and thus the damages awarded were not excessive under the circumstances. Concur —Carro, J. R, Rosenberger, Ellerin and Kassal, JJ.

/197/ad2d/498 · .json · Public domain