Court: Appellate Division of the Supreme Court of the State of New York; January 23, 1995; New York; State Appellate Court
A judgment from the Supreme Court of Bronx County, presided over by Justice Hansel L. McGee, was issued on December 29, 1993, and amended on June 13, 1994, following a jury verdict that awarded the plaintiff $3,685,970.00 plus interest and costs. This judgment was unanimously reversed on legal grounds, and the case was remanded for a new trial.
The case involved personal injuries sustained by the plaintiff, who was hit on the head and neck by a four-pound piece of falling plaster from his bathroom ceiling. The trial court improperly precluded testimony from defense witness Catherine Jacobi, as there was no evidence of willful or contumacious conduct by counsel. The disclosure of Jacobi’s identity occurred three weeks into the trial, but the plaintiff had approximately two weeks' notice prior, leading to insufficient grounds for preclusion. Jacobi’s testimony, which would have supported the defendant's claims regarding the plaintiff's attempts to repair the ceiling and the impact of the plaintiff's drinking on his injuries, was deemed significant and not cumulative.
Additionally, the trial court erred by admitting evidence of subsequent repairs, which is generally inadmissible for negligence unless there is a question of control and maintenance. In this case, the defendants admitted ownership of the building and indicated they would have arranged for repairs if the plaintiff hadn’t undertaken them himself, negating any control issue.
Due to the reversal for these reasons and the ordering of a new trial, the court declined to address the defendants' motion to include a videotape in the record, leaving the decision on its admissibility to the Trial Justice. Other arguments presented by the appellants were found unpersuasive. The judgment was concurred by Justices Murphy, Sullivan, Kupferman, Asch, and Tom.
