Andras v. Marcyoniak
| Court | Appeals Court of Massachusetts |
| Citation | 13 Mass.App.Ct. 1043,433 N.E.2d 1260 |
| Parties | Robert ANDRAS, Jr. et al. v. Paul MARCYONIAK. |
| Decision Date | 08 June 1982 |
Page 1260
v.
Paul MARCYONIAK.
Decided April 21, 1982.
Further Appellate Review Denied June 8, 1982.
Page 1261
[13 Mass.App.Ct. 1044] Louis Kerlinsky, Springfield, for plaintiffs.
Robert L. Leonard, Springfield, for defendant.
Before GOODMAN, CUTTER and GREANEY, JJ.
[13 Mass.App.Ct. 1043] RESCRIPT.
Andras and his father brought this action against the defendant. In separate counts, Andras sought damages for injuries alleged to have been caused by the defendant's negligence, and his father sought damages for medical expenses paid for his son in connection with the injuries. In empanelling the jury on June 3, 1980, the judge ruled that the plaintiffs were entitled to five peremptory challenges: four under G.L. c. 234, § 29, as appearing in St.1979, c. 344, § 10, plus one additional challenge because fourteen jurors were empanelled, as provided by Mass.R.Civ.P. 47(b), 365 Mass. 812 (1974). The jury returned a verdict for the defendant and judgment was thereafter entered on the verdict. The plaintiffs' motion for a new trial was denied. The plaintiffs appealed, arguing that the judge's ruling gave them fewer than the required number of peremptory challenges, and that this defect constitutes reversible error.
Since there are two plaintiffs in the case, with separate claims, there is no question that Andras and his father were each entitled to four peremptory challenges under G.L. c. 234, § 29, as amended, and one additional challenge under Mass.R.Civ.P. 47(b). Kabatchnick v. Hanover-Elm Bldg. Corp., 331 Mass. 366, 369-370, 119 N.E.2d 169 (1954). There is also no question that the right to exercise peremptory challenges "is a valuable one, and where, as here, a party is deprived of its exercise he has a just cause of complaint." Id. at 370-371, 119 N.E.2d 169, and cases cited. It does not necessarily follow, however, that the denial of the correct number of peremptory challenges constitutes by itself ground for reversal in this case.
As an initial matter, it is not clear that the plaintiffs' objection to the judge's ruling was sufficiently specific to preserve the point for review. During the colloquy which took place after fourteen prospective jurors were presented for questioning, plaintiffs' counsel did not call to the judge's attention that the number of peremptory challenges had been miscalculated. At that...
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Demoulas v. Demoulas
...in the absence of a showing that the ruling affected the jury's verdict in some material way. Id. at 117-118." Andras v. Marcyoniak, 13 Mass.App.Ct. 1043, 1044, 433 N.E.2d 1260 (1982), citing Upchurch v. Barnes, 197 So.2d 26, 27-28 (Fla.Dist.Ct.App.1967). Cf. Rickett v. Hayes, 256 Ark. 893,......
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Beaupre v. Smith & Assoc., P-100
...of the correct number of peremptory challenges [does not] constitute[] by itself ground for reversal . . . ." Andras v. Marcyoniak, 13 Mass. App. Ct. 1043, 1043 (1982). Neither CSA nor Smith has shown, as they must even if an error in this regard occurred, that "the ruling affected the jury......
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In re CF Smith & Associates, Inc., Bankruptcy No. 98-45574 JFQ.
...of a showing that the party affected was required to accept one or more jurors whom he wished to challenge." Andras v. Marcyoniak, 13 Mass. App.Ct. 1043, 433 N.E.2d 1260, 1262 (1982) (quoting from Tamburello v. Welch, 392 S.W.2d 114, 116 (Tex.1965)), rev. denied, 386 Mass. 1102, 440 N.E.2d ......
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Rosenthal v. Weckstein
...supra. They were therefore entitled to four peremptory challenges each under G.L.c. 234, § 29. Andras v. Marcyoniak, 13 Mass.App. 1043, 433 N.E.2d 1260 8 The jury first seated consisted of five men and seven women. The jury who heard the case comprised three men and nine women. 9 The eviden......
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Demoulas v. Demoulas
...in the absence of a showing that the ruling affected the jury's verdict in some material way. Id. at 117-118." Andras v. Marcyoniak, 13 Mass.App.Ct. 1043, 1044, 433 N.E.2d 1260 (1982), citing Upchurch v. Barnes, 197 So.2d 26, 27-28 (Fla.Dist.Ct.App.1967). Cf. Rickett v. Hayes, 256 Ark. 893,......
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Beaupre v. Smith & Assoc., P-100
...of the correct number of peremptory challenges [does not] constitute[] by itself ground for reversal . . . ." Andras v. Marcyoniak, 13 Mass. App. Ct. 1043, 1043 (1982). Neither CSA nor Smith has shown, as they must even if an error in this regard occurred, that "the ruling affected the jury......
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In re CF Smith & Associates, Inc., Bankruptcy No. 98-45574 JFQ.
...of a showing that the party affected was required to accept one or more jurors whom he wished to challenge." Andras v. Marcyoniak, 13 Mass. App.Ct. 1043, 433 N.E.2d 1260, 1262 (1982) (quoting from Tamburello v. Welch, 392 S.W.2d 114, 116 (Tex.1965)), rev. denied, 386 Mass. 1102, 440 N.E.2d ......
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Rosenthal v. Weckstein
...supra. They were therefore entitled to four peremptory challenges each under G.L.c. 234, § 29. Andras v. Marcyoniak, 13 Mass.App. 1043, 433 N.E.2d 1260 8 The jury first seated consisted of five men and seven women. The jury who heard the case comprised three men and nine women. 9 The eviden......