Gill v. Falkowski

Mahoney, P. J., and Staley, Jr., J.,

dissent and vote to affirm in the following memorandum by Staley, Jr., J. Staley, Jr., J. (dissenting). The majority opinion speculates that the jury could have reasonably and rationally concluded that the defendant, Frank Falkowksi, knew that a loaded gun was in his room with a sufficient amount of time to warn those present as to its dangers. We disagree, and are of the opinion that plaintiff failed to produce evidence which would prove how the gun came to be in Frank Falkowski’s room, or that he knew of the gun’s presence in the room prior to the…