Rivenburgh v. Viking Boat Co.

New York Court of Appeals January 14, 1982

Rivenburgh v. Viking Boat Co., 55 N.Y.2d 850 (N.Y. 1982)

447 N.Y.S.2d 707; 432 N.E.2d 600; 1982 N.Y. LEXIS 3061

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order reversed and a new trial granted with costs to abide the event. A plaintiff in a wrongful death action is not held to as high a degree of *852proof as a plaintiff in a personal injury action and is entitled to benefit from every favorable inference which can reasonably be drawn from the evidence in determining whether a prima facie case has been made out (see Noseworthy v City of New York, 298 NY 76). In this case, the testimony of the marine mechanic, Albert Sabiston, raised an issue as to the existence of a leak in the fuel tanks of decedent’s boat on the day of the explosion sufficient to warrant sending the case to the jury.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Reference

Full Case Name: Shirley V. Rivenburgh, as Administratrix of the Estate of Frank V. Rivenburgh v. Viking Boat Co., Respondents Alco Standard Corporation, Doing Business as Tempo Products Company, Fifth-Party v. Walter A. Braun Co., Inc., Fifth-Party Defendant-Respondent. (And Other Actions.)
Cited By: 9 cases
Status: Published