Uncovered Drain Hole

Tenant sued landlord for negligence after falling in her apartment entryway. The entryway led to tenant's basement apartment and to the boiler room. As tenant stepped down into the entryway, she caught her foot in an uncovered drain hole and fell, sustaining several fractures. At trial, landlord's attorney cross-examined tenant about her immigration status, the legitimacy of her children, and her welfare status. The jury found tenant 43 percent at fault, and awarded damages accordingly. Tenant asked the court to set aside the jury verdict on the grounds that the questions regarding her children, and her welfare and immigration status, had influenced the results against her. The court denied her request, and tenant appealed. The appeals court set aside the jury verdict, and ordered a new trial. The trial court shouldn't have allowed questions about tenant's welfare and family status because they were purely attacks on her character and severely inflammatory.

Gutierrez v. City of New York: NYLJ, p. 26, col. 6 (6/27/94) (App. Div. 1 Dept.; Carro, JP, Wallach, Ross, Rubin, Tom, JJ)