Dellaripa v. New York

On November 14, 1954 Alfred Dellaripa, while in the employ of the defendant, sustained severe injuries which resulted in his death later the same day. His brother, Vincent Dellaripa, was appointed administrator of Alfreds estate and, on March 8, 1955, commenced the present action under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq., claiming damages under § 51 for Alfreds death and under § 59 for the injuries he suffered. The jury returned a verdict of $2,500 for the claim under § 51 and $22,500 for the claim under § 59. Defendants motions for judgment n.o.v. or, in the alternative, for a new trial, were denied by the trial judge and this appeal ensued. Upon the appeal, the *s 51 award is unchallenged, but the defendant contends that the § 59 award must be reversed because the cause of action thereunder abated during the pendency of the action and because the amount of the verdict is so excessive as to be "monstrous."