JACQUELINE MARTINEZ, AS DAUGHTER OF AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF DOLLY ODALINDA ARIZA DE MARTINEZ, DECEASED, APPELLANTS,
v.
THE HERTZ CORPORATION A/K/A HERTZ RENT-A-CAR, APPELLEE
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In this wrongful death action arising from a car rental accident, the appellate court upheld the trial judge's decision to deny a challenge for cause against a prospective juror who initially expressed doubts about his fairness but was subsequently rehabilitated through additional questioning during voir dire.
The trial judge did not abuse his discretion in denying the challenge for cause. Although Stoneman's initial statement raised questions about his impartiality, his subsequent clarifying responses during voir dire demonstrated his ability to lay aside bias and render a verdict based on evidence and law, thus sufficiently rehabilitating him as a juror.
[1] A trial judge's ruling on excusing a prospective juror for cause is reviewed for abuse of discretion, considering the entirety of the voir dire.
[2] The test for juror competency is whether the juror can set aside bias and render a verdict based solely on evidence and law.
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Join FLexlaw to unlock all legal intelligence“A trial judge's ruling on excusing a prospective juror for cause is only error if it constitutes an abuse of discretion after consideration of the entirety of the voir dire of the prospective juror”
Establishes the standard of review for juror challenges for cause
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Join FLexlaw to unlock all legal intelligenceDolly Martinez was killed as a passenger in a Hertz rental car driven by her son Omar Martinez, who was also killed in the accident. Jacqueline Martin…
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BARKDULL, Senior Judge.
Dolly Martinez was killed while riding as a passenger in a rental car owned by Hertz. The driver of the vehicle, Omar Martinez, was Dolly’s son from a previous marriage and was also killed in the accident. Jacqueline, as personal representative of her mother’s estate, brought a wrongful death action.
During voir dire, prospective juror Stone-man stated that he did not think a company that rented out a car should be responsible for a driver who injures another person. Later, during individual voir dire, Stoneman was asked whether he could be fair to the plaintiffs in this case and he responded “I really don’t think I could.” The plaintiffs moved to strike four jurors, including Stone-man. The judge struck two jurors, but denied the motion as to Stoneman and another juror. The plaintiffs used a peremptory to strike Stoneman and then requested an additional peremptory which the trial judge denied. The jury returned a verdict finding Omar Martinez 27% negligent.
This appeal ensued. The appellant, among other issues, contends that the trial judge erred in denying the challenge for cause of prospective juror Stoneman. We disagree.
A trial judge’s ruling on excusing a prospective juror for cause is only error if it constitutes an abuse of discretion after consideration of the entirety of the voir dire of the prospective juror, See Mills v. State, 462 So. 2d 1075 (Fla.1985).
The test for determining juror competency is whether the juror can lay aside any bias or prejudice and render a verdict based solely on evidence presented and the law as instructed by court. See Singer v. State, 109 So. 2d 7 (Fla.1959). The trial judge decides whether a challenge for cause is proper and the appellate court must give deference to the trial judge’s determination of a prospective juror’s qualifications. See Castro v. State, 644 So. 2d 987 (Fla.1994). The trial court’s determination of juror competency will not be disturbed absent manifest error. See Mills, 462 So. 2d at 1079.
Appellant relies on the fact that during individual voir dire, Juror Stoneman indicated he “really [didn’t] think [he] could” be fair to the plaintiffs. Soon thereafter, however, Stoneman clarified his statement. Stoneman offered the example that if one side claimed six million dollars to be a fair award and the other side claimed six dollars to be a fair award, he would probably be somewhere in the middle of the two figures. When asked whether he would be able to award a financial recovery if entitlement to damages was proven to his satisfaction, Stoneman replied in the' affirmative. Stone-man also stated that he would follow the law relayed to him by the judge. Further, Stoneman stated that he had no set limits in mind above which he would not award recovery.
While juror Stoneman’s statement regarding fairness to the plaintiff may have tempo rarily raised question as to his impartiality, Stoneman was sufficiently rehabilitated by his subsequent testimony. Stoneman’s responses to questions posed by counsel indicated his ability to fulfill his duties as a juror. The complete exchange between the trial court, juror Stoneman, and counsel reveals that the trial court did not abuse its discretion in denying the challenge for cause.
We find no error in the other issues urged for reversal. See § 59.041, Fla.Stat. (1995); Ed Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla.1985); Huss v. Sanabria, 672 So. 2d 903 (Fla. 3d DCA 1996); Fagan v. Department of Prof'l Regulation, 534 So. 2d 802 (Fla. 3d DCA 1988); Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983); Metropolitan Dade County v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1975).
Affirmed.
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Grullon v. N. Miami Med. Ctr., 780 So. 2d 196 (Fla. 3d DCA 2001)…ligence and wrongful death action appeals from a judgment entered on a jury verdict for the defendants. We affirm. The trial court acted within its discretion in denying the for-cause challenge of venire member Maduro. See Martinez v. Hertz Corp., 696 So. 2d 1212, 1214 (Fla. 3d DCA 1997)(holding that complete exchange between trial court, juror, and counsel revealed that trial court did not. abuse its discretion in denying the challenge for cause). Although we expressly disapprove the remarks made by defen…
Authorities Cited
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Mills v. State, 462 So. 2d 1075 (Fla. 1985)
- ED Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla. 1985)
- Metro. Dade Cnty. v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1974)
- Castro v. State, 644 So. 2d 987 (Fla. 1994)
- Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983)
- Lewis Fagan, M.D. v. Dep't of Prof'l Reg., 534 So. 2d 802 (Fla. 3d DCA 1988)
- J.A.B. v. State, 672 So. 2d 903 (Fla. 3d DCA 1996)
- Huss v. Sanabria, 672 So. 2d 903 (Fla. 3d DCA 1996)