Roth
Roth v. Parker
Opinion
Opinion
Lillie, J.
In this automobile accident case tried to the court sitting without a jury, plaintiff appeals from “the court’s refusal to recuse itself prior to trial, and from the judgment of nonsuit” entered in favor of defendants Marie Clarisse Parker and Raoul Perez. On appeal, plaintiff challenges the court’s denial of her oral motion that the judge recuse himself, the granting of the motion for judgment, and portions of the award of costs awarding Parker expert witness fees.
Factual and Procedural Background
Our record, which contains only a partial reporter’s transcript, consists of the testimony of plaintiff Stephanie Roth (Roth). According to Roth, she had been partying with her teenage friends on Halloween in 1992; in the early morning hours of November 1, after having consumed about five beers, she was a front seat passenger in a Volkswagen Fox automobile going westbound on Romaine through the intersection with Crescent Heights Road; the Volkswagen, owned by defendant Marie Clarisse Parker (Parker), was being driven by defendant Raoul Perez (Perez); another friend was on Roth’s lap in the front passenger seat and three other friends were in the back; Perez rolled through…