Epes v. Healey — 226 A.D.2d 581

Majority

p. 581

Kristopher Epes et al., Appellants, v Thomas Healey et al., Respondents.

[641 NYS2d 344]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated January 17,1995, which, upon a jury verdict in favor of the defendants, dismissed the complaint.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is reinstated.

When charging a jury, " '[t]o say to a minority that they should re-examine their views in the light of the opinion held by the majority, without putting a like duty on the majority respecting the opinion of the minority, is wrong. The minority may be right and the majority wrong’ ” (Field v Field, 283 App Div 372 , 374, quoting Acunto v Equitable Life Assur. Socy., 270 App Div 386 , 388; see also, People v Henry, 56 AD2d 610 ). In this case, the Supreme Court improperly directed the jurors in the minority "to think a little bit to see why you’re in the minority when other jurors who are equally intelligent as you

p. 582

have a different view. Maybe if you take that tact [sic] * * * you might be in a position possibly to change your mind about the verdict.” This attempt to coerce the jurors should have been avoided (see, People v Sheldon, 156 NY 268 , 282) and requires reversal (see, People v Tempera, 94 AD2d 748 ; People v Robinson, 84 AD2d 732 ; Field v Field, supra).

The parties’ remaining contentions are academic in light of our determination. Sullivan, J. P., Pizzuto, Joy and Krausman, JJ., concur.

Cases cited

People v. Sheldon 156 NY 268 N.Y. 1898-06-07 at 282 p. 582
People v. Robinson 84 AD2d 732 N.Y. App. Div. 1981-11-24 p. 582