73 A.D.2d 1025 | N.Y. App. Div. | 1980
— Appeal from an order of the Supreme Court at Special Term, entered May 2, 1979 in St. Lawrence County, which granted respondent’s motion to amend the complaint to assert a wrongful death cause of action claiming punitive damages. Respondent is the executrix of the estates of her parents, Donald and Lorraine Day, who burned to death when their 1975 Ford Pinto was struck by another auto. Respondent sued for their wrongful death and conscious pain and suffering in September of 1977. In June of 1978, she moved to amend the complaint by adding a wrongful death cause of action against appellant Ford Motor Company and the other defendants for punitive damages, and to increase the ad damnum clause to $125,000,-000. The respondent alleged that appellant was guilty of "maliciousness, wantonness, willfulness and depraved indifference” in manufacturing its car model "Pinto” with knowledge that the fuel tank system would rupture in rear impact collisions, causing massive spillage of gasoline, and fire to