Topic: Rehabilitation

Cause Challenges for Caps On Damages and Rising Insurance Rates

This week, in Rodriguez v. Lagomasino, 972 So. 2d 1050 (Fla 3rd DCA 2008) the Third District Court of Appeal reversed a defense verdict in an auto accident case because the trial judge failed to strike two questionable jurors for cause. During voir dire, prospective Juror Gutierrez said he would not favor either side and would be “in the middle,” but he had also said his wife had been in an auto […]

January 26, 2008

Voir Dire and Comparative Fault

Last week, in Algie v. Lennar Corp., 969 So. 2d 1135 (Fla 4th DCA 2007) the 4th District Court of Appeal reversed a defense verdict in a slip and fall case. A juror had told the lawyers during jury selection that although he wouldn’t have any problem “serving fairly” if chosen, he believed that in every slip and fall case the person who slips and falls is at least partially responsible. The juror […]

November 19, 2007

Whose Prejudice Is This Anyway?

The Fourth District Court of Appeal reversed a breach of contract case for failure to excuse a Juror Green for cause who said she  had a “bad taste” from having been sued in the past which would “probably” cause her to view the case with prejudice one way or another. The problem was — Green never did say against whom she would be prejudiced, and none of the attorneys ever followed […]

August 24, 2007

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