Carlisle v. County of Nassau

Hawkins, J. (dissenting).

I dissent and vote to affirm.

*22The action was called for selection of a jury. Defendant’s counsel thereupon inquired if plaintiff, a paraplegic confined to a wheelchair, intended to be present in the jury selection room. Upon being informed that such was plaintiff’s intention, defendant moved to exclude plaintiff, whereupon an immediate ruling was sought from the court. The trial court sustained the objection, stating: "The court sees no purpose except a possible inflammation of the whole panel at this point. Of course, the plaintiff will be present all during the trial…