Comments on: Escalator mishap: federal judge wanted $21 million

By: William Nuesslein

William Nuesslein — Thu, 06 Mar 2008 13:14:51 +0000

An escalator is not a rocket sled. They move relatively slowly and they have handrails. I can visualize stubbing one’s toe or twisting an ankle, but I can not see flying down the steps. On the face of it, the jury did its duty properly. Good for them.

By: Slugger

Slugger — Thu, 06 Mar 2008 12:27:51 +0000

Was the jury picked at random? Did not Mr. Greene participate in selecting the panel to ensure against a prejudiced jury? Can the judge ask for a new trial on the basis of inadequate representation?

By: federalist

federalist — Thu, 06 Mar 2008 11:46:45 +0000

Hard to know what happened, but it seems reasonably that this guy was injured and that it was not at all his fault.

Perhaps some sympathy is in order. Sometimes juries irrationally find for defendants, and that’s wrong too.

By: MikeM

MikeM — Wed, 05 Mar 2008 19:59:17 +0000

Speaking as a layman, I would say his status as a judge would improve his standing. And if I were on the jury, the statement that the repair company destroyed potentially relevant records would cast them in a very negative light. So, you really have to wonder what lead them to go against the judge.

By: kimsch

kimsch — Wed, 05 Mar 2008 16:59:29 +0000

Why should the Judge’s profession be relevant at all in the case? Does being a judge make one more or less liable to be injured by an escalator?

By: Commentor

Commentor — Wed, 05 Mar 2008 16:42:59 +0000

Maybe, as an attorney, I see things differently, but I’d expect one’s status as a judge to give them an incredible amount of credibility as a litigant.

By: Jason Barney

Jason Barney — Wed, 05 Mar 2008 15:46:38 +0000

“The bias against judges in today’s world is just palpable…”

Maybe it’s bias against lawyers, generally. But, is the plaintiff’s attorney suggesting that since his client didn’t win, they’re biased? That’s kind of a circular argument.

“…Schiavelli is entitled to have his day in court, and we will be filing a motion for a new trial so that justice will be served once and for all.”

He had his day in court and lost. Had he asked for something more reasonable and not, say $21M he wouldn’t have so offended the jurors.

That’s a lot of money to ask for in most any personal injury case, and someone in his position probably makes more than most of the jurors hearing his case.

By: Richard Nieporent

Richard Nieporent — Wed, 05 Mar 2008 14:52:15 +0000

The plaintiff’s lawyer, Browne Greene, said the jury ruled against Schiavelli not because of the merits of his case, but because of his position on the federal bench. “The bias against judges in today’s world is just palpable,” he said Monday evening.

Those that live by the gavel die by the gavel.