Woman awarded $ 4 mn in wrongful death lawsuit Sunday, May 15 2005 16:29 Hrs (IST) - World Time -
New York:
A woman whose daughter was murdered during a trip to India with her NRI fiance two years ago has been awarded $ four million by an American court in a wrongful death lawsuit.
Judge Isabel B Stark of a court in Hackensack, New Jersey, awarded the sum to Madeleine Swiderski, who had sued NRI businessman Pragnesh Desai claiming he was liable for the wrongful death of her 33-year-old daughter Leona, an aspiring model.
Desai, who maintains his innocence and is fighting extradition from India, along with Leona flew to India in February 2003 when they were a few weeks away from getting married. Leona disappeared shortly after the plane landed in Mumbai and her body was found days later near a highway.
Desai was later charged with hiring a childhood friend to kill Leona to collect $ one million in life insurance.
Although the pair was acquitted at a trial in India, authorities there are appealing the acquittal.
The hearing in judge Stark's court on Friday lasted for less than 30 minutes and saw no one present arguments on behalf of Desai, media reports here said.
The judge said, "It is clear that liability exists for a judgement against" Desai, who moved to the US 20 years ago and owned 7-Eleven conveniences stores in New Jersey and had a stake in two restaurants in Manhattan.
The judgement consists of $ one million for pain and suffering and $ three million for economic losses, including an estimate of the amount of money Leona would have made throughout her life.
"There is no money in world that would bring my daughter back to me," a tearful Madeleine was quoted as saying after the ruling.
Her attorney Rosemarie Arnold said, "We will now vigorously attempt to gain access" to the assets of Desai.
Desai's attorney Miles Feinstein said, his client opted not to present a defence in the lawsuit, fearing evidence in the civil case could be used in a federal criminal court in the US.
A federal grand jury in Newark had indicted Desai on US charges of conspiracy to commit murder for hire.