PATRICIA BELL, PERSONAL REPRESENTATIVE OF THE ESTATE OF DOMINIQUE BELL, DECEASED; ON BEHALF OF THE ESTATE OF DOMINIQUE BELL, DECEASED; ON BEHALF OF HERSELF, PATRICIA BELL, SURVIVING MOTHER, APPELLANTS,
v.
ALLAN MITCHELL GREISSMAN, M.D., AND PEDIATRIC CRITICAL CARE OF SOUTH FLORIDA, P.A., APPELLEES

Fla. 4th DCA | 2005-04-20
No. 4D03-2743
GUNTHER and STEVENSON, JJ., concur.
902 So. 2d 846 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Patricia Bell appealed a medical malpractice wrongful death verdict in favor of the defendant physician, arguing the trial court erred in denying a challenge for cause against a juror whose background and stated beliefs raised reasonable doubt about his impartiality. The court reversed and remanded for a new trial, holding that the juror's prior work in medical malpractice defense combined with his expressed opinions that damage awards should be capped and have been detrimental to healthcare created unrehabilitated bias.


Holding

Yes. The court reversed and remanded for a new trial, holding that Juror Furey's totality of remarks—including his prior work in medical malpractice defense, his stated opinion that damage awards should be capped, his acknowledgment that his personal beliefs would 'probably' interfere with his duties, and his equivocal rehabilitation responses—raised reasonable doubt as to his ability to be impartial, requiring his dismissal for cause.


Headnotes

[1] A trial court errs in denying a challenge for cause of a juror whose comments raise significant doubt concerning their ability to be impartial.

[2] If there is reasonable doubt about a juror's impartiality, the juror should be dismissed for cause.

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Key Quotes

“It is now well-established that if there is reasonable doubt about the juror's impartiality, the juror should be dismissed for cause.”

States the controlling legal standard for evaluating juror impartiality in Florida

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Facts & Procedural History

Patricia Bell's daughter, Dominique Bell, died, and Bell sued Dr. Greissman and his medical practice for wrongful death based on medical malpractice. …

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Opinion of the Court
STONE, J.

STONE, J.

Patricia Bell sued for medical malpractice for the wrongful death of her daughter and the jury returned a verdict absolving Appellees. We reverse, concluding that the trial court erred in denying a challenge for cause of a juror whose comments raised significant doubt concerning his ability to be impartial.

During voir dire, Juror Furey stated that he had worked for five years as an investigator for a law firm specializing in medical malpractice defense. Upon being asked if he brought some related feelings to the court, Furey replied, “Honestly I do.... [As a juror] I would try to keep an open mind, but I am definitely of the opinion that [damage awards] need[s] to be capped and it has gone [sic] detrimental to the healthcare system.” He declared that his beliefs would “probably” interfere with his obligations as a juror. In response to Appellees’ attempt to rehabilitate him, Fu-rey stated, “I would do what I believe is the fair thing, yes.... ” “[My decision] would be based on my personal beliefs, correct.”

The court denied the challenge of Juror Furey for cause and also denied another challenge as to a different juror. Bell exhausted her peremptory challenges, thereby precluding her from challenging two other jurors that she identified as ones against whom she wanted to use peremptory strikes.

We apply a reasonable doubt standard in resolving questions involving jurors’ ability to be fair and impartial. It is now well-established that if there is reasonable doubt about the juror’s impartiality, the juror should be dismissed for cause. Goldenberg v. Reg’l Import & Export Trucking Co., Inc., 674 So. 2d 761 (Fla. 4th DCA 1996).

A new trial is required where the trial court denies a challenge for cause based on a juror’s equivocal or conditional responses that are not rehabilitated and where a reasonable doubt exists as to whether the juror possessed the requisite state of mind necessary to render an impartial decision. Salgado v. State, 829 So. 2d 342, 344 (Fla. 3d DCA 2002).

We recognize that a trial court is afforded great discretion in ruling on challenges for cause. Morrison v. State, 818 So. 2d 432 (Fla.2002); Pentecost v. State, 545 So. 2d 861 (Fla.1989); Gore v. State, 706 So. 2d 1328 (Fla.1997). Nevertheless, close cases involving challenges to the impartiality of potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to impartiality. Williams v. State, 638 So. 2d 976 (Fla. 4th DCA 1994).

We conclude that the totality of Furey’s remarks raised reasonable doubt as to his ability to be impartial. See Imbimbo v. State, 555 So. 2d 954 (Fla. 4th DCA 1990) (reasonable doubt found where a juror admitted he “probably” would be prejudiced, even though he then asserted he “proba bly” could follow the judge’s instructions); Goldenberg; Montozzi v. State, 633 So. 2d 563 (Fla. 4th DCA 1994); Nash v. Gen. Motors Corp., 734 So. 2d 437 (Fla. 3d DCA 1999).

In Goldenberg, a juror was the daughter of an orthopedic surgeon who had been sued for malpractice “many times.” The juror related a personal experience with her father and stated “some people are dishonest.” This court found it was error for the trial court not to excuse the juror for cause after she had expressed bias, based on her personal experiences, against the particular type of personal injury suit brought by the plaintiffs. Further, the court concluded that the juror was not rehabilitated simply by adding that she was a fair person.

Similarly, in Nash, where the claim was based on a design defect, a prospective juror was challenged for cause after indicating that she harbored prejudices about personal injury' lawsuits and that, when she was injured with a potential claim, she had felt compelled not to bring suit against a manufacturer. The juror also was quite clear that she disapproved of awarding money as a means by which to compensate someone for the loss of a loved one. In reversing and granting a new trial, the Nash court found that, in light of the remarks casting doubt as to her impartiality, the juror’s subsequent affirmation that she was a fair person and the statement “I think I could be fair” did not sufficiently indicate the juror could set aside her feelings and decide the case solely on evidence submitted.

We recognize that Goldenberg and Nash may be distinguished, in that the prospective jurors in those cases expressed a specific personal bias which called.their impartiality into question while, here, Juror Furey expressed skepticism about tort claims in general. However, Furey’s skepticism was also coupled with comments reflecting strong bias arising out of his previous personal experience.

In Bell v. State, 870 So. 2d 893 (Fla. 4th DCA 2004), this court found reversible error where the trial court denied a challenge for cause after a juror responded “I’d try not to” and “I would give it my best shot” in reference to his previously stated bias. Here, Furey’s response, taken as a whole, is not indicative of a neutral mind and was legally insufficient to show rehabilitation and to assure impartiality. A juror is not impartial when one side must overcome a pre-conceived opinion in order to prevail. Hill v. State, 839 So. 2d 883 (Fla. 3d DCA 2003). Juror Furey never concealed his pre-disposition to make decisions based on his personal beliefs. He acknowledged that his past experience and his feelings would probably interfere with his impartiality and stated that “I honestly do [think I will bring my feelings to the court], and [although] I would do what I believe is the fair thing ... [i]t would be based on my personal beliefs, correct.” Furey said, “I will try to keep an open mind, but I am definitely of the opinion that [damage awards] need[s] to be capped and it has gone [sic] detrimental to the healthcare system.”

The denial of the strike for cause forced Bell to exhaust her peremptory challenges, precluding her from expending her challenges on other identified jurors. Therefore, the judgment must be reversed. All other issues raised on appeal are moot.

We . also caution Appellees, on retrial, to avoid repeating certain improper comments made in opening statement, to wit: comments on Dr. Greissman’s altruistic character and his love for children. The offending remarks include:

The reason [Dr. Greissman] does it ... is not because there is big money in it. [N]ot because it gives him a fancy office ..., it’s because he loves kids.... [H]is office is in the hospital and sometimes his bed is a stretcher lying in the hospital and not getting a wink of sleep so he could take care of the kids. [Dr. Greiss-man] sees all kids, regardless of [their] ability to pay, regardless of their condition.

We remand for a new trial.

GUNTHER and STEVENSON, JJ., concur.


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Citator

Cited By

  • Ranglin v. State, 55 So. 3d 744 (Fla. 4th DCA 2011)
    …nnot prove, is biased.” Id. (citation omitted). In the instant case, the denial of the strike for cause forced Rang-lin to exhaust his peremptory challenges, precluding him from expending challenges on other identified jurors. See Bell v. Greissman, 902 So. 2d 846, 848 (Fla. 4th DCA 2005). As this constitutes reversible error, we reverse and remand for a new trial. Reversed and Remanded for a New Trial. POLEN and CIKLIN, JJ., concur.…
  • Smith v. State, 907 So. 2d 582 (Fla. 5th DCA 2005)
    …Fla. 5th DCA 2005) (holding that prospective jurors should have been excused for cause because they did not affirmatively state that their bias against the plaintiffs would not affect their ability to render an impartial verdict); Bell v. Greissman, 902 So. 2d 846 (Fla. 4th DCA 2005) (holding that new trial is required where reasonable doubt existed as to whether juror possessed requisite state of mind necessary to render impartial decision); Montozzi v. State, 633 So. 2d 563 (Fla. 4th DCA 1994) (finding that…
  • …ve been dismissed and the alternate juror empaneled, even if the trial court considered the issue a close call. See Nicholas, 47 So. 3d at 304 (“it is appropriate to remove a juror who has been less than candid during voir dire”); Bell v. Greissman, 902 So. 2d 846, 847 (Fla. 4th DCA 2005) (close cases involving challenges to the impartiality of potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to impartiality). III. Because Appellants were denied a proper jury,…

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