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Articles Tagged with jury screening

Atlanta Court Orders Hearing to Determine Whether Juror Bias Tainted $7 Million Bus Accident Verdict

October 23, 2020 | Benjamin S. Persons, IV

In any civil trial, both sides have the right to have their case heard by an impartial jury. As you may know, before any trial begins, the attorneys for both sides have an opportunity to question potential jurors–a process known as voir dire–and challenge any juror whose impartiality may be reasonably questioned.

What happens if the jurors lie or omit potentially critical information regarding their background? Does their participation in the final verdict taint the outcome? Can the losing side ask for a new trial based on the assumption they would have challenged the juror for cause had they known the whole truth?

Torres v. First Transit, Inc.

Georgia Court Orders New Trial Over Improperly Screened Jury

August 27, 2016 | Benjamin S. Persons, IV

In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits, this also includes any insurance companies that may be liable for a judgment.

Mordecai v. Cain

The Georgia Court of Appeals recently granted a plaintiff in a car accident case a new trial after determining the trial judge failed to properly screen the jury for potential bias. The underlying lawsuit arose from a car accident. The plaintiff alleged the defendant was “driving on the wrong side of the road” and collided with her vehicle, seriously injuring her. Because the defendant lacked sufficient insurance, the plaintiff served her uninsured motorist carrier, which “elected to try this case in the name of the individual defendant,” according to court records.