Sohmegyi v. D'Amico

Frances Miller Campbell

Case Conclusion Date:April 28, 2010

Practice Area:Landlord / Tenant

Outcome:Tenant not evicted

Description:Jury trial: A landlord tried to evict a tenant in a rent-controlled apartment by claiming that the tenant grabbed the assistant manager by the throat and "shook him like a ragdoll." There was a video showing the incident, although the video did not show the tenant grabbing the assistant manager's neck or shaking him. The tenant claimed that the assistant manager had kicked and spat on him, and that after the assistant manager spat on the tenant, the tenant grabbed the assistant manager's neck and said, "Spit now." The assistant manager claimed that he feared for his life, but the video showed him calmly making telephone calls after the incident, and showed the tenant waiting for the police to arrive. The jury voted 12-0 that the tenant had not threatened the assistant manager's life and that the assistant manager had not been in fear.