When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.
When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.
The estate appealed the case only seeking the loss of parental guidance damages. New York State Law allows for the collection of pecuniary losses in a wrongful death action for the “fair and just compensation for the pecuniary injuries resulting from the decedent’s death to persons for whose benefit the action is brought.” The court often addresses factors such as loss of support to the next of kin, possible inheritance, as well as medical and funeral expenses incidental to death. In some instances, the courts have acknowledged losses for personal matters in relation to the decedent such as a loss of guidance.
Mr. Estevez’s three sons that brought the claim for parental guidance damages were between the ages of 34 and 44 years old. The sons argued that there was a “tight knit family bond” that they had with their father, and they often looked for him for guidance. The defendant pointed to several facts when arguing that the estate should not be entitled to the damages. First, the three sons each lived on their own with their own families. Secondly, each of the sons were self-sufficient and did not receive any money from their father. Lastly, the sons offered no specific testimony that they relied on their father for counsel or guidance. In weighing the evidence that was on the record, the Second Department upheld the lower court’s verdict that the sons were not entitled to any damages.
The law office of McGuire Peláez P.C. provides experienced personal injury attorneys. Clients who have suffered serious injuries or the loss of loved ones face many obstacles. The knowledgeable attorneys at the law office of McGuire Peláez P.C. work to help their clients overcome these obstacles and offer a sense of optimism that is easily lost during such difficult times in their lives. If you or a loved one has been injured in a motor vehicle accident and believe you are entitled to receive compensation, contact (631) 348-1702 to schedule a consultation today.
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