ORANGE COUNTY, FLORIDA, ETC., PETITIONER,
v.
WILLIAM E. PIPER, ETC., RESPONDENT
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Orange County sought a writ of certiorari to prevent a post-verdict jury interview in a personal injury case. The court held that the plaintiff's allegations failed to meet the legal standard for jury interviews, as they sought only to explore jurors' subjective reasoning rather than identify actual impropriety, and thus invited impermissible invasion of jury deliberations.
The court held that the plaintiff's allegations were insufficient to warrant a post-verdict jury interview. The allegations reflected only one juror's opinion about the jury's reasoning and failed to demonstrate an actual agreement to disregard oaths, ignore instructions, or consider evidence outside the record. Consequently, the requested interview impermissibly invaded the sanctity of jury deliberations.
[1] A writ of certiorari may be granted to quash a trial court's order permitting post-verdict jury interviews when the inquiry concerns matters that inhere in the verdict.
[2] Post-verdict jury interviews are not permitted to explore a juror's subjective thoughts, impressions, or opinions about how the jury arrived at its verdict.
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Join FLexlaw to unlock all legal intelligence“Because the subject matter of the requested inquiry concerns matters which inhere in the verdict, we grant certiorari to prohibit invasion of the sanctity of jury deliberations.”
Establishes the core holding that jury interviews on verdict-related matters violate the sanctity of deliberations.
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Join FLexlaw to unlock all legal intelligenceThe Estate of William E. Piper sued Orange County for damages from a fatal accident at a county transfer station. The jury returned a verdict finding …
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W. SHARP, Judge.
Orange County, the defendant in a personal injury action, petitions this court for a writ of certiorari to quash the trial court’s order granting the plaintiff’s request for a post verdict jury interview. Because the subject matter of the requested inquiry concerns matters which inhere in the verdict, we grant certiorari to prohibit invasion of the sanctity of jury deliberations.
The Estate of William E. Piper sued Orange County for damages caused when Mr. Piper fell into the hopper at the Porter Transfer Station in Orange County, Florida. At the conclusion of trial, the jury returned a verdict finding 81% negligence on the part of the decedent, 19% negligence on the part of Orange County, and total damages of $100,000. Plaintiff filed post trial motions for additur, for new trial, and to interview jurors.
In the motion to interview jurors, plaintiff alleged the $100,000 verdict was inadequate in light of various factors: the evidence adduced at trial; the amount requested from the jury ($1,000,000); the fact that the amount of damages found by the jury was the same as the maximum amount recoverable against a governmental entity under Florida law; and the jury’s determination that Mr. Piper was eighty-one percent responsible for his own damages. The plaintiff sought to interview one named juror, Wanda Knight. The grounds for interviewing Knight were set forth in plaintiffs motion for new trial.
The motion for new trial argued that the inadequate award of $100,000 “suggests an illegal compromise quotient verdict.” In addition, plaintiff generally alleged that the jury failed to follow the court’s instructions, or failed to render a verdict consistent with the facts. In support of the motions for new trial and to interview the juror, plaintiff’s counsel executed an affidavit, quoted in part below:
2. On the final day of the Trial after rendition of the jury verdict, as I was getting on the elevator to leave the Courthouse, three of the jurors were also departing. We waited for the elevator to arrive and rode down together. 3. During this period of time one of the jurors, WANDA G. KNIGHT, approached me and spoke to me. She appeared agitated and upset and indicated that she was the juror who was the one responsible for the finding in favor of the Plaintiff with a favorable jury verdict. She indicated that the jury had made a compromise verdict as they could apparently not reach 100% agreement one way or the other. 4. This juror indicated that the jury deliberations involved discussions of matters that were not introduced into evidence (insurance and other matters).
5.On the elevator ride down to the ground floor the three jurors on the elevator exchanged comments about their deliberations and the final jury verdict.
The trial court entered an order providing for a post trial interview of all jurors and deferred ruling on the motions for additur and for new trial.
Even if true, the sworn factual allegations in the affidavit fail to warrant a post verdict jury interview. Baptist Hospital of Miami, Inc. v. Maler, 579 So. 2d 97 (Fla.1991); State v. Hamilton, 574 So. 2d 124 (Fla.1991). The factual matters alleged do nothing more than proffer the opinion of a juror about the reasons the jury arrived at its verdict. There is no allegation that an actual, express agreement was reached by the jurors to disregard their oaths and ignore the law or the court’s instructions, or that they considered evidence outside the record. There is no allegation that the verdict was determined by aggregation and average, by lot, game or chance or other artifice or other improper manner. The matters raised in plaintiff’s motions and affidavit merely indicates one juror’s frustration over the verdict. Counsel’s desire to explore the subjective thoughts, impressions and opinions of the jurors, as to how they arrived at their verdict is not permitted. Such a fishing expedition invades the sanctity of the verdict-forming process itself. For well-established policy reasons, this is not permitted.
Because the subject matter of the requested inquiry concerns matters which inhere in the verdict, we grant the petition for writ of certiorari and quash the order granting a jury interview. This cause is remanded for further proceedings consistent with this opinion.
Petition for Writ of Certiorari GRANTED.
GOSHORN, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Devoney v. State, 717 So. 2d 501 (Fla. 1998)…a matter which essentially inheres in the verdict itself. See also Baptist Hosp. v. Moler, 579 So. 2d 97 (Fla.1991) (allegation that verdict was prompted by sympathy for brain-damaged child not subject to judicial inquiry); Orange County v. Piper, 585 So. 2d 1182 (Fla. 5th DCA 1991)(allegations that jury deliberations involved discussions of insurance and other matters not introduced into evidence did not warrant postverdiet jury interview); Phares v. Froehlich, 582 So. 2d 683 (Fla. 2d DCA 1991)(jury intervi…
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Rabun & P'rs, Inc. v. Ashoka Enters., Inc., 604 So. 2d 1284 (Fla. 5th DCA 1992)…an overt act. It thus is subject to judicial inquiry even though that inquiry may not be expanded to ask what impressions or opinions motivated jurors to enter into the agreement in the first instance. 579 So. 2d at 100. In Orange County v. Piper, 585 So. 2d 1182 (Fla. 5th DCA 1991), a juror stated that the verdict was a compromise and that the deliberations involved discussions of matters not introduced into evidence, such as insurance. The record revealed no allegation that an actual, express agreement was…
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Sentinel Commc'ns Co. v. Hon. John W. Watson, III, 615 So. 2d 768 (Fla. 5th DCA 1993)…ff’s testimony); Rabun and Partners, Inc. v. Ashoka Enterprises, Inc., 604 So. 2d 1284 (Fla. 5th DCA 1992) (juror said verdict rendered against doctor because he was rich; involves inquiry into emotions and mental processes); Orange County v. Piper, 585 So. 2d 1182 (Fla. 5th DCA 1991) (proffered matters merely opinion of jurors as to reason verdict rendered; no evidence of improper agreement); Phares v. Froehlich, 582 So. 2d 683 (Fla. 2d DCA 1991) (impressions of jurors as to why reached verdict); Robinson v.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baptist Hosp. OF Miami, Inc. v. Maler, 579 So. 2d 97 (Fla. 1991)
- State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)
- Orange Cnty. v. Piper, 523 So. 2d 196 (Fla. 5th DCA 1988)