Civil Procedure Keyed to Friedenthal
Magnani v. Trogi
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Plaintiff stated two causes of action in her complaint. The first, as Administratix for the wrongful death of her husband under the Wrongful Death Act. The second, on her own behalf, for reimbursement of medical and funeral expenses incurred by her as a result of her husband’s wrongful death under the Family Expense Statute. Under the Wrongful Death Statute, any recovery had to be distributed by the court and given to the widow and next of kin in proportion as determined by the court. No apportionment was necessary under the Family Expense Statute. In the instant case, neither litigant objected to the single form verdict that was delivered by the jury, instead of individual verdicts on each count. The jury returned with a verdict for the Plaintiff and awarded her $19,000. The trial judge noted the confusion on whether the verdict applied to one count or both. In his memorandum of law, the trial judge ordered a new trial as to the liability and damages issues in the case.
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