Constantina Szeliga v. Gen. Motors Corp., 728 F.2d 566 (1st Cir. 1984). · Go Syfert
Constantina Szeliga v. Gen. Motors Corp., 728 F.2d 566 (1st Cir. 1984). Cases Citing This Book View Copy Cite
49 citation events (12 in the last 25 years) across 18 distinct courts.
Strongest positive: RATCLIFFE v. BRP US INC (med, 2024-11-09)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) RATCLIFFE v. BRP US INC
D. Me. · 2024 · quote attribution · 1 verbatim quote · confidence high
dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility
cited Cited as authority (rule) E-Scooters LLC v. Roldan Concepcion
D.P.R. · 2025 · confidence medium
Motors Corp., 728 F.2d 566, 567 (1st Cir. 1984).
cited Cited as authority (rule) Chester Keith Coogle v. Commonwealth of Kentucky
Ky. · 2019 · confidence medium
Motors Corp., 728 F.2d 566, 567 (1st Cir. 1984)) (“Indeed, most ‘[dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.”’).
cited Cited as authority (rule) Antolovich v. Brown Group Retail, Inc.
Colo. Ct. App. · 2007 · confidence medium
Motors Corp., 728 F.2d 566, 568 (1st Cir.1984)).
discussed Cited as authority (rule) Bado-Santana v. Ford Motor Co.
D.P.R. · 2005 · confidence medium
“However, perfect identity between experimental and actual conditions is neither attainable not required” Id citing Lobel v. American Airlines, 205 F.2d 927, 931 (2nd *100 Cir., 1953) since “[dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.” Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir., 1984).
discussed Cited as authority (rule) Jodoin v. Toyota Motor Corporation
1st Cir. · 2002 · confidence medium
Motors Corp., 728 F.2d 566, 567 (1st Cir.1984) (holding that "[d]issimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility," but not specifically applying the substantial similarity standard).
discussed Cited as authority (rule) Jodoin v. Toyota Motor Corp.
1st Cir. · 2002 · confidence medium
Motors Corp., 728 F.2d 566, 567 (1st Cir.1984) (holding that “[dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility,” but not specifically applying the substantial similarity standard).
discussed Cited as authority (rule) Faigin v. Kelly & Carucci
1st Cir. · 1999 · confidence medium
See Jom, Inc. v. Adell Plastics, Inc., No. 97-2131, 1999 WL 773536 , at *13 n.2 (1st Cir. Oct. 4, 1999)(En Banc)(Per Curiam); Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984); see also United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.1989) (suggesting that if a party is confronted by unfair surprise, a continuance usually provides “a complete cure”).
discussed Cited as authority (rule) In re United States
1st Cir. · 1998 · confidence medium
See generally United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.1989) (explaining that it is “incumbent upon a party faced with [a surprise] situation to ask explicitly that the court grant the time needed to regroup, or waive the point”); Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984) (reciting that “the remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs”). .
discussed Cited as authority (rule) In Re: USA v.
1st Cir. · 1998 · confidence medium
See generally United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.1989) (explaining that it is "incumbent upon a party faced with [a surprise] situation to ask explicitly that the court grant the time needed to regroup, or waive the point"); Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984) (reciting that "the remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs") 4 The government makes much of the fact that, during this interval, Suau recommended refinancing the farm loan by ca…
cited Cited as authority (rule) Lally v. Volkswagen Aktiengesellschaft
Mass. App. Ct. · 1998 · confidence medium
In these circumstances, “[t]he relevancy of the [test] to [the] defendants’] theory of causation can [hardly] be disputed.” Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir. 1984).
discussed Cited as authority (rule) UNITED STATES FIDELITY & GUARANTY COMPANY, Et Al., Plaintiffs, Appellants, v. BAKER MATERIAL HANDLING CORPORATION, Defendant, Appellee
1st Cir. · 1995 · confidence medium
The appropriate remedy for parties who uncover discovery violations is “not to seek reversal after an unfavorable verdict but a request for continuance at the time the surprise occurs.” Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984); see United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.) (criminal case), cert. denied, 493 U.S. 862 , 110 S.Ct. 177 , 107 L.Ed.2d 133 (1989).
discussed Cited as authority (rule) US Fidelity v. Baker Material
1st Cir. · 1995 · confidence medium
Beatri- ce Foods Co., 900 F.2d at 391-92 . 11 who uncover discovery violations is "not to seek reversal after an unfavorable verdict but a request for continuance at the time the surprise occurs." Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir. 1984); see United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.) (criminal case), cert. denied, 493 U.S. 862 (1989).
cited Cited as authority (rule) Iva Burrows v. General Motors Corporation
6th Cir. · 1993 · confidence medium
Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984).
discussed Cited as authority (rule) United States v. Lorenzo Osorio
1st Cir. · 1991 · confidence medium
Ingraldi, 793 F.2d at 411-12 . -A- The Responsibility of Defense Counsel In considering the prejudice to a defendant’s case from delayed disclosure of evidence, we have held it “incumbent upon a party faced with such a situation to ask explicitly that the court grant the time needed to regroup, or waive the point.... [A defendant’s] claim that he was unfairly surprised is severely undermined, if not entirely undone, by his neglect to ask the district court for a continuance to meet the claimed exigency.” United States v. Diaz-Villafane, 874 F.2d 43, 47 (1st Cir.) (citing Szeliga v. Gen…
cited Cited as authority (rule) Gregory Swajian v. General Motors Corporation
1st Cir. · 1990 · confidence medium
Szeglia v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984).
cited Cited as authority (rule) Marques v. Bellofram Corp.
Mass. App. Ct. · 1990 · confidence medium
See Commonwealth v. Mulica, 401 Mass. 812, 820-821 (1988); Szeliga v. General Motors Corp., 728 F.2d 566, 567-568 (1st Cir. 1984).
cited Cited as authority (rule) Rullo v. General Motors Corp.
Conn. · 1988 · confidence medium
“Dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.” Szeliga v. General Motors Corporation, 728 F.2d 566, 567 (1st Cir. 1984).
discussed Cited as authority (rule) Nicholas Apostol v. United States
1st Cir. · 1988 · signal: cf. · confidence medium
Inc., 533 F.2d 320, 323 (6th Cir.1976); cf. Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984) (“The question of permitting the showing of a motion picture film is one for the sound and broad discretion of the district court.”).
cited Cited as authority (rule) Forrestine D. Lemaire, by and Through Her Conservator, Howard C. Lemaire, and Howard C. Lemaire v. United States
10th Cir. · 1987 · confidence medium
No such request was made here, undoubtedly because a continuance was not needed.” Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984); accord O'Donnell v. Georgia Osteopathic Hosp.
discussed Cited as authority (rule) Clifford R. Bannister v. Town of Noble, Oklahoma
10th Cir. · 1987 · confidence medium
See, e.g., Slakan v. Porter, 737 F.2d 368, 378 (4th Cir.1984) (videotape demonstrating power of water hose shown along with the expert testimony of a fireman), ce rt. denied, 470 U.S. 1035 , 105 S.Ct. 1413 , 84 L.Ed.2d 796 (1985); Szeliga v. General Motors Corp., 728 F.2d 566, 567-68 (1st Cir.1984) (videotapes demonstrating wheels crashing into cement wall shown in conjunction with expert’s testimony about cause of accident).
discussed Cited as authority (rule) Roberts v. Stevens Clinic Hospital, Inc. (2×)
W. Va. · 1986 · confidence medium
Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984); Ilosky v. Michelin Tire Corp., ___ W.Va. ___, 307 S.E.2d 603, 618 (1983).
cited Cited as authority (rule) United States v. Ronald Willet Metzger
6th Cir. · 1985 · confidence medium
Indeed, most “[dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.” Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984).
cited Cited as authority (rule) Bolstridge v. Central Maine Power Co.
D. Me. · 1985 · confidence medium
Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984).
cited Cited as authority (rule) Marjorie O'DOnnell v. Georgia Osteopathic Hospital, Inc., D/B/A Doctors Hospital
11th Cir. · 1984 · confidence medium
No such request was made here, undoubtedly because a continuance was not needed.” Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984).
discussed Cited "see" State v. Kelly
Conn. · 2001 · signal: see · confidence high
Rullo v. General Motors Corp., 208 Conn. 74, 81 , 543 A.2d 279 (1988); see Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir. 1984); Blanchard v. Bridgeport, 190 Conn. 798, 806 , 463 A.2d 553 (1983); Katsetos v. Nolan, 170 Conn. 637, 649 , 368 A.2d 172 (1976).
cited Cited "see" Stender v. Vincent
Haw. · 2000 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984). 20 .
cited Cited "see" Guild v. General Motors Corp.
W.D.N.Y. · 1999 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984) (“Dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility”).
discussed Cited "see" United States v. Battle
11th Cir. · 1999 · signal: see · confidence high
See O’Donnell v. Georgia Osteopathic Hosp., Inc., 748 F.2d 1543, 1549 (11th Cir.1984) (“[T]he remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs.”) (quoting Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984)).
discussed Cited "see" United States v. Battle
11th Cir. · 1999 · signal: see · confidence high
See O’Donnell v. Georgia Osteopathic Hosp., Inc., 748 F.2d 1543, 1549 (11th Cir. 1984) (“[T]he remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs.”) (quoting Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir. 1984)).
discussed Cited "see" Angelo v. Armstrong World Industries, Inc.
10th Cir. · 1993 · signal: see · confidence high
See LeMaire v. United States, 826 F.2d 949, 953 (10th Cir.1987) (" '[T]he remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for a continuance at the time the surprise occurs.' " (quoting Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984))).
discussed Cited "see" Angelo v. Armstrong World Industries, Inc.
10th Cir. · 1993 · signal: see · confidence high
See LeMaire v. United States, 826 F.2d 949, 953 (10th Cir.1987) (“ ‘[T]he remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for a continuance at the time the surprise occurs.’” (quoting Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984))).
cited Cited "see" Arthur Doty v. Richard Sewall, Arthur Doty v. Richard Sewall
1st Cir. · 1990 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984); United States v. McNeill, 728 F.2d 5,12-13 (1st Cir.1984).
discussed Cited "see" United States v. Wilfredo Diaz-Villafane
1st Cir. · 1989 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 568 (1st Cir.1984) (“remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs”); United States v. Long, 674 F.2d 848, 855 (11th Cir.1982) (similar).
discussed Cited "see" Veliz v. Crown Lift Trucks (2×)
E.D.N.Y · 1989 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984); Randall v. Warnaco, Inc., 677 F.2d 1226, 1233 (8th Cir.1982). “[A] court may properly admit experimental evidence if the tests were conducted under conditions substantially similar to the actual conditions.
discussed Cited "see" United States v. Elward Roe Wanoskia
10th Cir. · 1986 · signal: see · confidence high
See Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984) (“Dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.”); Renfro Hosiery Mills Co. v. National Cash Register Co., 552 F.2d 1061, 1065 (4th Cir.1977) (“If there is substantial similarity, the differences between the test and the actual occurrence ordinarily are regarded as affecting the weight of the evidence rather than its admissibility.”).
discussed Cited "see, e.g." Commonwealth v. Mulica
Mass. · 1988 · signal: see, e.g. · confidence low
See, e.g., Szeliga v. General Motors Corp., 728 F.2d 566 (1st Cir. 1984) (no error to admit films in products liability action to illustrate the defendant’s theory of the cause of the accident; dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility).
Retrieving the full opinion text from the archive…
Constantina SZELIGA, Plaintiff, Appellant,
v.
GENERAL MOTORS CORPORATION, Et Al., Defendants, Appellees
83-1336.
Court of Appeals for the First Circuit.
Mar 5, 1984.
728 F.2d 566
1984 U.S. App. LEXIS 24817
John Silvia, Jr., with whom Long & Silvia, Fall River, Mass., was on brief, for plaintiff, appellant., Edward P. Leibensperger, with whom Nelson G. Apjohn, and Nutter, McClennen & Fish, Boston, Mass., were on brief, for General Motors Corp.
Campbell, Bownes, Pettine.
Cited by 44 opinions  |  Published
[*567] BOWNES, Circuit Judge.

Plaintiff-appellant Constantina Szeliga appeals from a jury verdict finding no breach of warranty by defendant-appellee General Motors Corporation. Szeliga brought a products liability action against General Motors [1] for injuries sustained in a single car accident on August 2, 1976. Liability was alleged on the basis of negligence and breach of warranty. At the close of plaintiff’s case, the district court granted defendant’s motion for directed verdict on the negligence count. The case went to the jury on the issue of breach of warranty, and it found that defendant was not liable.

There is one issue on appeal, whether the district court committed reversible error by allowing two movie films made by General Motors to be shown to the jury. Appellant alleges two reasons for finding error, that the showing of the films was unduly prejudicial and constituted unfair surprise.

I.

The facts are simple. Plaintiff’s car went off the road, struck a cement culvert and finally came to a stop in a group of trees. Plaintiff claimed that the accident happened because the left front wheel fell off due either to negligent assembly or defective design and construction. General Motors took the position that the car went off the road because of Szeliga’s careless driving and that the wheel was torn off when the left front of the car hit the cement culvert. The liability part of the trial was in effect a battle between experts. [2]

General Motors’ expert, James Tomlin-son, an automotive expert, used the two films to illustrate why, in his opinion, the impact with the cement culvert caused the wheel to be torn off the car. In the films, a wheel which had been attached to an axle with the standard lug and nut arrangement was mounted on a wagon. The wagon was propelled along a track at high speed until the wheel struck a concrete block barrier. As a result of the impact, the wheel was peeled off the axle over the lug nuts. This illustrated Tomlinson’s testimony that it was the impact, not the loss of lug nuts that caused the wheel to leave the axle. The two films showed two different runs of the wagon and wheel assembly.

II.

“Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . .. ” Fed.R.Evid. 403. The question of permitting the showing of a motion picture film is one for the sound and broad discretion of the district court. Johnson v. William C. Ellis & Sons Iron Works, 604 F.2d 950, 958 (5th Cir.1979). In assessing the admissibility of evidence, “[e]ach case must be judged under its own particular facts taking into account the specific purposes for which this type of evidence is submitted.” Robbins v. Whelan, 653 F.2d 47, 49-50 (1st Cir.), cert. denied, 454 U.S. 1123, 102 S.Ct. 972, 71 L.Ed.2d 110 (1981).

The relevancy of the films to defendant’s theory of causation cannot be disputed. They were not offered as a re-creation or representation of how the accident actually happened. The films depicted an experiment illustrating Tomlinson’s theory of the cause of the accident. They were an aid to the jury’s understanding of his testimony. Dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility. Id. at 49.

Before the films were shown to the jury, the district court screened them and conducted an extensive voir dire on the tests depicted. The court fully and carefully instructed the jury regarding their function in the case. The district court did not abuse its discretion in finding that the probative value of the films outweighted any[*568] prejudice they might have. See Millers’ Nat. Ins. Co., Chicago, Ill. v. Wichita Flour M. Co., 257 F.2d 93, 98-99 (10th Cir.1958); Zurzola v. General Motors Corporation, 69 F.R.D. 469, 473 (E.D.Pa.1975).

Appellant’s claim of unfair surprise is based on defendant’s failure to list the films as potential exhibits in its pretrial memorandum contrary to the district court’s pretrial order. There is a question as to whether the films were required to be listed because defendant used them as a chalk to illustrate its expert’s testimony, not as formal exhibits. We pass that issue because it is clear that the showing of the films was a matter well within the trial court’s discretion. It would be presumptuous and improper for us to interject our judgment as to how this should have been handled. Although the films could have been excluded on the basis of the pretrial order, such a ruling was neither mandated nor required.

Moreover, the remedy for coping with surprise is not to seek reversal after an unfavorable verdict, but a request for continuance at the time the surprise occurs. No such request was made here, undoubtedly because a continuance was not needed. The voir dire of the films took place three days before they were shown to the jury. Plaintiff’s counsel had adequate time for rebuttal preparation. Plaintiff’s expert was present during the voir dire and there was extensive cross-examination of defendant’s expert. The record shows that plaintiff’s counsel and expert witness used the voir dire information and time lag advantageously. The jury cross-examination of defendant’s expert was thorough and comprehensive and the rebuttal testimony of plaintiff’s expert showed a thorough grasp of the subject matter. In fact, plaintiff’s expert testified that the films reinforced his theory of the accident.

The purported use of the films may initially have come as a surprise to plaintiff’s counsel but because of the exemplary manner in which the district court handled the situation, the element of unfair surprise was entirely eliminated.

Affirmed. Costs to appellees.

1

. Elliot Buick, Inc., the Buick dealer from whom Szeliga purchased the car was also a defendant. Prior to the verdict, Elliot Buick and Szeliga entered into an agreement for judgment.

2

. The wheel itself was not an exhibit; by the time Szeliga realized its importance, it had disappeared.