Case: Gonzalez v. New York City Housing Authority Court: Court of Appeals of New York Year: 1991 Pg: 200 Facts: On March 7, 1984, Maria Freire, aged 76, was murdered in her apartment. Liability on the part of the defendant is not contested on appeal. Mrs. Freire's death was extremely violent. Her assailant (who was captured and convicted of murder) had bound her hands behind her back, gagged her and tied one foot to a dresser. An autopsy revealed that eight of her ribs had been fractured and a tooth knocked out of her mouth. It also showed that she had sustained a fracture of the neck and significant bruising about the back of the head. The ultimate cause of death was "asphyxia by gagging." Issues: Is this matter governed by the general rule that pecuniary injury may ordinarily be claimed by adult children? Rules / Legal Principle: Damages recoverable by children in a wrongful death action are tied to the parental role and are occasioned by the economically recognized and calculable losses of the household management services of a mother.
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