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Scala v. Greyhound Lines, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 1989
149 A.D.2d 327 (N.Y. App. Div. 1989)

Summary

finding carnival-like atmosphere where transcript revealed language used at trial "was so inflammatory and vituperative as to be more appropriate for a barroom than a courtroom"

Summary of this case from State v. Bible

Opinion

April 6, 1989

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).


This action, one of three lawsuits arising out of the same incident that were jointly tried, seeks damages for personal injuries suffered by plaintiff Frederick DeChristopher when the Greyhound bus which he was driving was involved in a collision with a tractor trailer owned and operated by defendant Michael Catti. The jury found that Greyhound Lines, Inc., through Frederick DeChristopher, was negligent and was the 100% proximate cause of the accident in question but that Michael Catti, while also negligent, was not a proximate cause of the accident. Damages were thereafter awarded, including $1.5 million for plaintiff Frederick DeChristopher and $1 million for plaintiff Barbara DeChristopher. On appeal, plaintiffs contend, and we agree, that they were deprived of a fair trial as a result of the unprofessional carnival-like atmosphere permeating the entire proceedings. In that regard, language was repeatedly uttered in the course of the trial that was so inflammatory and vituperative as to be more appropriate for a barroom than a courtroom. Indeed, the conduct of the trial frequently became so highly charged and uncontrollable as to preclude an impartial, dispassionate consideration of the evidence by the jury (see, Zaulich v. Thompkins Sq. Holding Co., 10 A.D.2d 492, 497-498). Accordingly, the judgment must be reversed and a new trial held.

Concur — Ross, J.P., Carro, Milonas, Rosenberger and Ellerin, JJ.


Summaries of

Scala v. Greyhound Lines, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 1989
149 A.D.2d 327 (N.Y. App. Div. 1989)

finding carnival-like atmosphere where transcript revealed language used at trial "was so inflammatory and vituperative as to be more appropriate for a barroom than a courtroom"

Summary of this case from State v. Bible
Case details for

Scala v. Greyhound Lines, Inc.

Case Details

Full title:PATRICIA SCALA, Plaintiff, v. GREYHOUND LINES, INC., et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 6, 1989

Citations

149 A.D.2d 327 (N.Y. App. Div. 1989)
539 N.Y.S.2d 373

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State v. Bible

Nor is this a case where any improper trial conduct, and any corresponding jury impact, accurately may be…