HELEN K. SMILEY, WILLIAM SMILEY, AND PREFERRED RISK MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
CHARLES T. MCCALLISTER AND MYRA J. MCCALLISTER, APPELLEES
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The Fourth District Court of Appeal reversed a personal injury judgment where a juror failed to disclose during voir dire that her son-in-law had been involved in a similar accident to the one at issue. The court held that concealment of material facts by jurors during jury selection is prejudicial error requiring a new trial.
The court held that concealment of material facts by a juror during voir dire examination is prejudicial and impairs a party's right to challenge jurors, and the trial court's refusal to allow an interview with the juror was reversible error requiring remand for new trial proceedings.
[1] Concealment of a material fact relevant to the issues in a case by a juror during voir dire examination is prejudicial to the interrogating parties and impairs a party's…
[2] Similar accidents and injuries involving family members of prospective jurors are of utmost interest to parties in litigation arising from such accidents.
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Join FLexlaw to unlock all legal intelligence“Concealment of a material fact relevant to the issues in the case by a juror during voir dire examination is prejudicial to the interrogating parties and impairs a party's right to challenge jurors.”
Establishes the legal standard for juror misconduct based on non-disclosure during jury selection
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Join FLexlaw to unlock all legal intelligenceThe Smileys' automobile collided with Charles McCallister's motorcycle. During voir dire, prospective jurors were questioned about family involvement …
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DOWNEY, Judge.
Appellants, Mr. and Mrs. Smiley, and their insurance carrier, were defendants in a personal injury action arising out of an accident between the Smileys’ automobile and a motorcycle driven by appellee, Charles McCallister. Appellants have filed this appeal from a final judgment in favor of appellees and from a denial of appellants’ motion for new trial and motion to interview one of the jurors.
During voir dire examination of the prospective jurors both counsel interrogated the jurors regarding involvement of their families or relatives in automobile accidents. Several of the prospective jurors acknowledged that family members or relatives had been so involved and defense counsel interrogated them further regarding that experience and its effects, if any, upon the particular juror. During all of this examination one of the prospective jurors ultimately accepted for jury service, Ms. Lopez, never acknowledged any incidents involving her family or relatives. After the jury returned a verdict for plaintiff-appellees and the court entered judgment in accordance with that verdict, appellants filed a motion for a new trial and a motion to interview Ms. Lopez, alleging that after the verdict was published Ms. Lopez advised one of the plaintiffs in the presence of defense counsel that her son-in-law had been involved in the same type of accident. It was alleged that, had defense counsel known that during jury selection, he might well have excused Ms. Lopez. The motions were denied and that order of denial forms the basis of this appeal.
Concealment of a material fact relevant to the issues in the case by a juror during voir dire examination is prejudicial to the interrogating parties and impairs a party’s right to challenge jurors. Loftin v. Wilson, 67 So. 2d 185 (Fla.1953), and other cases cited at 38 Fla.Jur.2d, New Trial, § 20. In a case of this nature similar accidents and injuries in which other relatives and family members of prospective jurors have been involved are of utmost interest to the parties for it can have a strong influence on a juror’s approach to the resolution of litigation arising out of such accidents. This truism no doubt could be found on page one of a primer for freshmen trial lawyers. Ms. Lopez’s motives in not disclosing such information, if in fact the allegation that she did not is true, is of no consequence. The verdict could well have been fatally infected by such omission. Thus, the refusal to grant appellants’ motion for a jury interview is reversible error. It does not suffice for appellees to point out that none of the other jurors who acknowledged family accidents were stricken from the venire. Who knows what further inquiry of Ms. Lopez would have di vulged had counsel been afforded the opportunity to develop the point with Lopez?
Accordingly, we reverse the order denying the motion for a jury interview and direct the trial court to enter an an order providing therefor. We also reverse the order denying the motion for new trial and direct that further ruling on said motion be held in abeyance pending the outcome of the interview.
REVERSED AND REMANDED, with directions.
ANSTEAD, C.J., and DELL, J., concur.
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DE LA Rosa v. Zequeira, 659 So. 2d 239 (Fla. 1995)…* relevant to jury service was not disclosed. Bernal v. Lipp, 580 So. 2d 315 (Fla. 3d DCA 1991); Indus. Fire & Cas. Ins. Co. v. Wilson, 537 So. 2d 1100 (Fla. 3d DCA 1989); Mitchell v. State, 458 So. 2d 819 (Fla. 1st DCA 1984); Smiley v. McCallister, 451 So. 2d 977 (Fla. 4th DCA 1984); Mobil Chemical Company v. Hawkins, 440 So. 2d 378 (Fla. 1st DCA 1983); and Skiles v. Ryder Truck Lines, Inc., 267 So. 2d 379 (Fla. 2d DCA 1972). Similarly, we find that the trial court here acted well within its authority in con…
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Bernal v. Donald H. Lipp, D.P.M. & Donald H. Lipp, D.P.M., P.A., 580 So. 2d 315 (Fla. 3d DCA 1991)…89) (citation omitted). The test is met in this case. For a plaintiff in a personal injury case, the failure of a juror to disclose that he had been a defendant in a personal injury case one year previously would be material. Smiley v. McCallister, 451 So. 2d 977, 978-79 (Fla. 4th DCA 1984). As to the second prong of the test, the information was concealed from counsel, as a result of which counsel lost “the right to make an intelligent judgment as to whether a juror should be challenged....” Minnis v. Jack…
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Betty and George Schofield v. Carnival Cruise Lines, Inc., 461 So. 2d 152 (Fla. 3d DCA 1984)…itness. Counsel had every opportunity to inquire into all aspects of that relationship and chose not to. This is not a case where a juror answered the questions on voir dire falsely, Loftin v. Wilson, 67 So. 2d 185 (Fla.1953); Smiley v. McCallister, 451 So. 2d 977 (Fla. 4th DCA 1984); Redondo v. Jessup, 426 So. 2d 1146 (Fla. 3d DCA), pet. for rev. den., 436 So. 2d 887 (Fla.1983), enforcing 394 So. 2d 1031 (Fla. 3d DCA 1981); Minnis v. Jackson, 330 So. 2d 847 (Fla. 3d DCA 1976), Skiles v. Ryder Truck Lines, In…
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- Loftin v. Wilson, 67 So. 2d 185 (Fla. 1953)