Betania Toribio v. Pine Haven LLC
672 F. App'x 198
| 3rd Cir. | 2016Background
- Fourteen-year-old John Toribio drowned in a man-made, unfenced, unlit campground lake at Pine Haven in August 2010; no lifeguards or surveillance were present.
- Plaintiff Betania Toribio (administratrix) sued Pine Haven alleging negligence for failing to fence, light, monitor, or secure the lake.
- After an 11-day jury trial, the jury found John 93% at fault and Pine Haven 7% at fault.
- Under New Jersey law a plaintiff barred from recovery if more than 50% at fault; the district court dismissed the claims against Pine Haven.
- Toribio appealed, arguing (1) the district judge exhibited bias/partiality through questioning and comments, and (2) the court erred by not giving a jury instruction on "duty voluntarily assumed."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial bias/partiality | District Judge's questioning and comments (including outside jury) amounted to advocacy and mockery that prejudiced the jury | Judge's interventions were proper clarifying questions and occasional frustration, not favoritism | No bias; questions aimed at clarification; comments did not show disqualifying favoritism or antagonism |
| Jury instruction: "duty voluntarily assumed" | Court should have instructed jury that a duty may arise when a defendant voluntarily undertakes care | Pine Haven already owed a nonvoluntary, preexisting duty as property owner; voluntary-duty instruction inapplicable | No error; court correctly instructed on property owner’s duty to exercise reasonable care |
Key Cases Cited
- United States v. Wilensky, 757 F.2d 594 (3d Cir.) (judges may question witnesses; limits on judicial intervention)
- United States v. Beaty, 722 F.2d 1090 (3d Cir.) (considerations for judicial participation in trials)
- Liteky v. United States, 510 U.S. 540 (Sup. Ct.) (judicial remarks do not establish bias unless extreme favor or antagonism makes fair judgment impossible)
- United States v. Ottaviano, 738 F.3d 586 (3d Cir.) (factors for assessing judicial interference and partisanship)
- Thorne v. Miller, 722 A.2d 626 (N.J. Super. Ct.) (elements for "duty voluntarily assumed")