ILNews

COA orders hearing to determine juror bias against plaintiff

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.

Larry Clemons sued Lloyd Diehl for damages after an auto accident in which Diehl admitted to rear-ending Clemons’ car. Diehl denied that the collision caused Clemons any damages.

After a two-day trial, the court awarded Clemons zero dollars in damages. Clemons filed a motion to correct error, pursuant to Indiana Trial Rule 59(A). He alleged that Juror No. 289 had committed misconduct when he failed to state on his juror questionnaire that nearly 12 years earlier he had been a defendant in a civil lawsuit that arose from a vehicular collision.

The trial court agreed with Clemons, concluding the juror was biased or prejudiced against Clemons because the juror had been named as a civil defendant in a prior auto accident case and Clemons’ counsel, unaware of the previous case, during voir dire spoke favorably of the attorney who had represented the plaintiff in the juror’s case. The court ordered a new trial on the question of damages.

In Lloyd J. Diehl v. Larry J. Clemons, 45A04-1309-CT-460, the appeals court reversed. The judges agreed with Diehl that the trial court’s order fails to explain sufficiently why the jury verdict must be set aside as inadequate.  They noted that the trial court order failed to seriously address the litany of evidence brought forth by Diehl’s counsel in his cross-examination of Clemons’ witnesses. The trial court’s failure to assess this and other opposing evidence and relate it to the question of damages is reversible error.

The judges agreed that Juror No. 289’s response on the questionnaire failed to disclose a material fact, which concealed a potential source of bias against Clemons. But the possibility of bias or prejudice alone is not enough to set aside a jury verdict.

The trial court should have ordered an evidentiary hearing instead of ordering a new trial based on juror misconduct, the COA ruled.

The judges remanded with instructions for the court to hold this evidentiary hearing to determine whether Juror No. 289 was in fact biased or prejudiced against Clemons.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

ADVERTISEMENT