TRENTON, N.J. (Legal Newsline) - A federal judge has rejected claims that an attorney for Six Flags wasted hours of deposition time questioning a plaintiff about a shooting that occurred last century.
On Oct. 18, counsel for plaintiff Lester Davis asked Magistrate Judge Douglas Arpert to stop further examination of Davis. Though Six Flags had been granted two more hours of deposition time, attorney Alaina Gregorio of Messa & Associates argued the company's attorney was obsessed with the shooting in 1998 that led to Davis becoming a paraplegic.
Davis' lawsuit says Six Flags told him he could ride "The Joker," even though it requires "two functioning legs." He says his flailed wildly about the coaster, hitting the restraint bar and suffering several broken bones.
Davis is a paraplegic because he was shot in 1998 when he was 14 years old and playing basketball at Bartram High School.
Gregorio's petition says Six Flags lawyer Charles Gulla did not address the incident leading to Davis' injuries at Six Flags during the first five hours of questioning.
"Mr. Gulla spent a significant amount of time asking Mr. Davis about this tragic and traumatic event, insinuating that Mr. Davis was somehow responsible for being shot at as a child in a school yard," Gregorio wrote.
Judge Arpert disagreed after examining the transcript and ruled that Six Flags is entitled to two more hours of deposition time. Gulla, who was accused by Gregorio of exploring the shooting "for an improper purpose" and to paint Davis in a bad light, moved to seal her letter forever.
He called Gregorio's allegations "extremely detrimental to my character as both a legal practitioner and human being."
"Certain language and accusations used within the filing, which have always been vehemently denied by me and have since been rejected by the Court, put my reputation and livelihood at risk," Gulla wrote.
Judge Arpert granted his request to seal Gregorio's letter.