People v. Decina

Facts

On the afternoon of March 14, 1955, Decina was driving alone on Delaware Avenue in Buffalo. His car swerved across the center line, then veered sharply right and mounted the curb beneath a railroad viaduct. It struck a group of six schoolgirls on the sidewalk from behind; one escaped injury. Three of the children were dead on arrival, and a fourth died in a hospital two days later. The car swerved back onto the street, remounted the curb, broke a lamppost and crashed through the wall of a grocery store with its horn blowing. Decina appeared dazed and told an injured customer that he had blacked out. He was taken to a county hospital, where police ordered a guard to watch his room. There a resident physician, Dr. Wechter, asked him what had happened. Decina said he felt his right hand jerk, felt himself becoming unconscious as he tried to steer to the curb, and thought he had a convulsion. He also gave his medical history: convulsions and a drained brain abscess in 1946, none from then through 1950, seizures from 1950 on, generalized seizures with loss of consciousness in 1954, the last in September 1954, and daily medication. Dr. Wechter diagnosed Jacksonian epilepsy. His testimony was the only proof that Decina had epilepsy, had an attack at the time and knew he was susceptible to attacks. Decina did not testify and called no witnesses.

Issues

1. Does an indictment state a crime under section 1053-a of the Penal Law when it charges that a driver who knew he was subject to epileptic attacks chose to drive, then suffered an attack and killed four people?
2. Was Decina's statement to Dr. Wechter privileged under section 352 of the Civil Practice Act, which requires a physician-patient relationship and information necessary for the doctor to act in that capacity, even though Dr. Wechter did not himself treat him?
3. Did the presence of a police guard at the hospital room doorway destroy the physician-patient privilege?

Holding

The indictment stated a violation of section 1053-a, because it charged that Decina, knowing he was subject to attacks, consciously chose to drive. But his statements to Dr. Wechter were privileged under section 352, and admitting them was error. The order granting a new trial stood.