LILA STERLING, APPELLANT,
v.
DAVID FELDBAUM, M.D., APPELLEE

Fla. 4th DCA | 2008-04-30
No. 4D07-2803
KLEIN and STEVENSON, JJ., concur.
980 So. 2d 596 Florida District Court of Appeal, Fourth District (2008) Negative Treatment
Cited by 23 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

Lila Sterling appealed a trial court's denial of her motions for juror interviews and a new trial in a medical negligence case she lost against Dr. Feldbaum. The court affirmed the denial of the new trial motion but reversed the denial of the motion for juror interviews, finding that Sterling demonstrated reasonable grounds to believe three jurors failed to disclose their prior litigation history during voir dire.


Holding

The trial court did not abuse its discretion in denying the motion for new trial because there was no evidence that jurors actually formulated questions for the witness and the trial judge provided Sterling an opportunity to recall the witness. However, the trial court abused its discretion in denying the motion for juror interviews because Sterling demonstrated reasonable grounds to believe that the three jurors concealed material information during voir dire, as supported by Westlaw and public records searches.


Headnotes

[1] A trial court abuses its discretion by denying a motion for juror interviews when the moving party demonstrates reasonable grounds to believe that jurors failed to disclo…

[2] Information obtained from legal databases and public records may provide reasonable grounds to believe that juror misconduct has occurred, warranting a juror interview.

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Key Quotes

“Where there are reasonable grounds to believe concealment of a material fact has taken place, a party is entitled to conduct a jury interview.”

Establishes the legal standard for when juror interviews must be granted despite the general policy of protecting jury sanctity.

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Facts & Procedural History

Sterling sued Dr. Feldbaum for medical negligence arising from vascular-surgical procedures that resulted in the amputation of her left leg. During vo…

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Opinion of the Court
TAYLOR, J.

TAYLOR, J.

Lila Sterling appeals the trial court’s order denying her motion for juror interviews and motion for new trial.

We affirm the portion of the order denying appellant’s motion for new trial, which was based upon her contention that the trial court failed to present juror questions to her expert witness.

The trial court did not abuse its discretion in denying the motion because there was no evidence that the jurors actually formulated any questions for the witness and the trial judge gave appellant the opportunity to re-call the witness for further questioning.

We reverse, however, that portion of the order denying appellant’s motion for juror interviews, because appellant demonstrated reasonable grounds to believe that three jurors failed to disclose their prior litigation history during voir dire.

Lila Sterling sued Dr. David Feldbaum for medical negligence, alleging that Dr. Feldbaum negligently performed vascular-surgical procedures, which resulted in damages, including amputation of appellant’s left leg. The jury rendered a verdict in favor of Dr. Feldbaum. During voir dire, the trial court provided the prospective jurors with a standard questionnaire, which among other things, asked the jurors to disclose their prior litigation experience. Question No. 11 asked:

11. Do you or any member of your immediate family have any legal matters pending before any court? Any matters in the past?

The court instructed each prospective juror to respond aloud to the questions on the questionnaire during voir dire. When Darren O’Neal answered Question No. 11, he stated, “No member of my — maybe my brother. I think my brother got into trouble in Maryland one time, but I can’t remember the details on that case. That was a while back so. I don’t know anybody ...” Samia Sheppard and Philip Costello simply answered the question in the negative.

Later, plaintiffs counsel asked, “Has anyone ever — I know we discussed this generally, but has anyone else made a claim or had a claim made against them involving a civil lawsuit?” O’Neal answered that he had been in an accident and that the resulting civil case had been settled out of court. Neither Sheppard nor Costello responded. When directly questioned about whether she had ever been party to a lawsuit, Sheppard again said that she had not. Jurors Sheppard, O’Neal, and Costello were chosen to serve on the jury.

After a final judgment on the verdict for the defendant was entered, appellant filed a Motion to Interview Jurors and Motion for New Trial Based upon Juror Misconduct and Other Issues. In the motion, appellant alleged that Philip Costello, Sa-mia Sheppard, and Darren O’Neal failed to disclose their prior litigation history in response to the court’s juror questionnaire and counsel’s questions during voir dire. Specifically, appellant alleged that Juror Costello failed to report his involvement in civil actions in January, April, and July of 1992 and possibly a personal injury lawsuit in September 2000; that Juror Sheppard had a federal tax lien filed against her in 2004; and that Juror O’Neal had a civil collection judgment in 2002. To support these allegations, appellant’s counsel filed an affidavit regarding the results of an investigation into the litigation history of these jurors.

At the hearing on her motion, appellant provided the court with Westlaw printouts and information from the Broward County Court Clerk’s website about the three jurors.

The trial court denied appellant’s motion for juror interviews, noting that it was “not sufficiently satisfied from the research” produced by appellant that the jurors she wanted to interview were the same individuals named in the Westlaw and public records research. The court further found that the information appellant produced regarding these jurors’ prior lawsuits was too remote in time and substance to be material.

The standard of review for an order on a motion for juror interviews is abuse of discretion. Marshall v. State, 976 So. 2d 1071 (Fla.2007). Florida Rule of Civil Procedure 1.431(h) states A party who believes that grounds for legal challenge to a verdict exist may move for an order permitting an interview of a juror or jurors to determine whether the verdict is subject to the challenge ... If the interview is permitted, the court may prescribe the place, manner, conditions, and scope of the interview.

Post-trial juror interviews should be “rarely granted and the sanctity of the jury process as well as the privacy rights of the jurors themselves should be closely guarded and protected.” Schmitz v. S.A.B.T.C. Townhouse Ass’n., 537 So. 2d 130, 131 (Fla. 5th DCA 1988).

However, “[w]here there are reasonable grounds to believe concealment of a material fact has taken place, a party is entitled to conduct a jury interview.” Singletary v. Lewis, 584 So. 2d 634, 636 (Fla. 1st DCA 1991).

Allegations in the motion for interview cannot be “bottomed on mere conclusory statements based on speculation and surmise that, if interrogated, the jurors might have something to say that would be material to whether or not the court should award a new trial.” Albertsons, Inc. v. Johnson, 442 So. 2d 371, 372 (Fla. 2d DCA 1983).

If the concealment by a juror occurred during voir dire questioning about the juror’s prior experiences with litigation, the identity of the juror as a litigant in a prior legal proceeding must be shown. Beyel Bros., Inc. v. Lemenze, 720 So. 2d 556, 557 (Fla. 4th DCA 1998).

Westlaw and Broward docket search results may provide reasonable grounds to believe that juror misconduct has occurred. See Roberts v. Tejada, 814 So. 2d 334, 336-37 (Fla.2002) (noting that the trial court granted a request to interview jurors upon information gathered from the Miami-Dade official public records index, jury pool information on names, addresses, driver’s licenses, and birthdates, and an “Autotrak” computerized background check).

Here, where the information submitted by appellant was sufficient to show reasonable grounds that the jurors identified in the motion concealed material information during voir dire, the trial court should have granted appellant’s request to interview them. Then, depending upon the outcome of the juror interviews and appellant’s ability to establish that a juror’s nondisclosure of prior litigation history during voir dire is relevant and material to jury service in this case, and not attributable to appellant’s lack of diligence, the court could determine whether appellant is entitled to a new trial. See De La Rosa v. Zequeira, 659 So. 2d 239, 241 (Fla.1995); Roberts, 814 So. 2d at 339-40.

For the reasons stated above, we affirm the trial court’s denial of the appellant’s motion for new trial but reverse denial of appellant’s motion for juror interviews and remand for the trial court to conduct the requested interviews.

Reversed and Remanded in part; Affirmed in part.

KLEIN and STEVENSON, JJ., concur.


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Citator

Cited By (13 total)

  • Pembroke Lakes Mall Ltd. v. McGRUDER, 137 So. 3d 418 (Fla. 4th DCA 2014)
    …Motion to Conduct Juror Interviews We next address the trial court’s denial of the motion to conduct post-verdict juror interviews. “The standard of review for an order on a motion for juror interviews is abuse of discretion.” Sterling v. Feldbaum, 980 So. 2d 596, 598 (Fla. 4th DCA 2008) (citation omitted). [*427] This Court has recently addressed the requirements for a post-verdict jury interview: Post-trial juror interviews should be rarely granted and the sanctity of the jury process as well as the priva…
  • Rodgers v. After Sch. Programs, Inc., 78 So. 3d 42 (Fla. 4th DCA 2012)
    …ff in a civil case, was a trustee in a probate proceeding, and had a traffic infraction in 2009; and (4) juror # 16 had been a defendant in an indebtedness case. The circuit court denied the motion to interview the jurors. In Sterling v. Feldbaum, 980 So. 2d 596, 598-99 (Fla. 4th DCA 2008), we summarized the law on requests for post-trial juror interviews: The standard of review for an order on a motion for juror interviews is abuse of discretion. Marshall v. State, 976 So. 2d 1071 (Fla.2007). Florida Rule…
  • State Farm Mut. Auto. Ins. Co. v. Lawrence, 65 So. 3d 52 (Fla. 2d DCA 2011)
    …t Hosp. of Miami, Inc. v. Maler, 579 So. 2d 97, 100 (Fla.1991). A juror interview is warranted if the moving party demonstrates reasonable grounds to believe that nondisclosure of relevant and material information occurred. See Sterling v. Feldbaum, 980 So. 2d 596, 598 (Fla. 4th DCA 2008); Singletary v. Lewis, 584 So. 2d 634, 636 (Fla. 1st DCA 1991) (“Where there are reasonable grounds to believe concealment of a material fact has taken place, a party is entitled to conduct a jury interview.”); see also Fla.…

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