201 F. Supp. 45 | S.D.N.Y. | 1961
This diversity suit, brought pursuant to the Wrongful Death Statute of Massachusetts,
The defendant has moved “(1) for an order setting aside the verdict of the jury in the above-entitled action and providing for the entry of judgment in favor of the plaintiff in the sum of
The motion is in all respects denied.
During the trial, this court, following the dictum of the New York Court of Appeals in Kilberg v. Northeast Airlines, Inc.,
In Kilberg, the New York Court of Appeals did not, it is true, discuss the question of pre-judgment interest. However, in light of what that court did say in that case, it seems altogether likely that, if that question had been considered, the New York Court would have ruled that, in accordance with New York’s policy as expressed in section 132 of the Decedent Estate Law, pre-judgment interest on the amount of any verdiet in Kilberg’s favor would have to be included in the judgment entered thereon. Accordingly, in the instant case the clerk was directed by this court to include in the judgment pre-judgment interest on the amount of the verdict.
The defendant relies on three cases in support of its contention that this court’s direction to add pre-judgment interest was unauthorized; Wyman v. Pan American Airways,
The District of Columbia statute, unlike the Massachusetts statute, does not set a ceiling on the amount of damages which may be recovered for wrongful death. Neither does it provide that damages are to be measured by “the degree of culpability of the defendant.” On the contrary, the damage provisions of the District of Columbia statute are substantially the same as New York’s except that the former do not require the award of pre-judgment interest on the jury’s
So ordered.
. Mass.Gen.Laws ch. 229 § 2.
. 9 N.Y.2d 34, 211 N.Y.S.2d 133, 172 N.E.2d 526.
. 181 Misc. 963, 43 N.Y.S.2d 420, aff’d (no opinion) 267 App.Div. 947, 48 N.Y.S.2d 459, aff’d (no opinion) 293 N.Y. 878, 59 N.E.2d 785; cert. denied 324 U.S. 882, 65 S.Ct. 1029, 89 L.Ed. 1432.
. 2 Cir., 178 F.2d 139, 13 A.L.R.2d 646.
. D.C.S.D.N.Y., 194 F.Supp. 623.
. D.C.Code §§ 16-1201 to 16-1203.