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Simms v. Progressive Insurance Co.9/29/2004
with broad discretion in ruling on challenges for cause and will be reversed only when review of voir dire as a whole indicates an abuse of discretion. Riddle v. Bickford, 2000-2408 (La. 5/15/01), 785 So. 2d 795; Bannerman v. Bishop, 28,382 (La. App. 2d Cir. 7/12/96), 688 So. 2d 570, writ denied, 96-2755 (La. 1/10/97), 685 So. 2d 146. Criminal jurisprudence on challenges for cause may be considered in civil cases. Bannerman v. Bishop, supra.
In State v. Coates, 27,287 (La. App. 2d.Cir. 9/27/95), 661 So. 2d 571, writ denied, 95-2613 (La. 2/28/96), 668 So. 2d 365, this court addressed the trial court's discretion in ruling on challenges for cause as follows:
In order to preserve the issue for appeal, the defendant must object to the ruling refusing to sustain a challenge for cause. If the defendant has exhausted all of his peremptory challenges ... no showing of prejudice is needed; he need only show the erroneous denial of a challenge for cause.
...
A refusal by a trial judge to excuse a prospective juror on the ground he is not impartial is not an abuse of discretion where, after further inquiry or instruction (frequently called "rehabilitation"), the potential juror has demonstrated a willingness and ability to decide the case impartially according to the law and the evidence. " challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the juror's responses as a whole reveal facts from which bias, prejudice, or inability to render judgment according to law may be reasonably inferred." (Citations omitted.) See also State v. Johnson, 36,014 (La. App. 2d Cir. 6/12/02), 821 So. 2d 652.
Appellants argue that four jurors, who were excused on peremptory challenges, should have been excused for cause due to bias. These four potential jurors were Amy Hawkins, Jtasha White, Marie Batton, and Emmitt Bankston.
During voir dire, Amy Hawkins described herself as "a very sympathetic person" and stated it would be "hard" for her to put sympathy aside. When questioned about being able to put sympathy aside as a juror, Jtasha White answered, "I'll try. I'm not going to say that I can completely, but I can try." Defense counsel then questioned the jury panel, which included both Hawkins and White, about whether they could enforce the law as instructed by the court. The entire panel answered affirmatively. Plaintiffs' counsel also received an affirmative response from the panel in answer to whether they could put aside sympathy and rule against Simms if she failed to prove her case. In challenging for cause, defense counsel even admitted that the potential jurors answered "yes" when asked if they could rule against Simms.
We find no abuse of discretion in the trial court's denial of challenges for cause as to Hawkins and White. The record shows that while both Hawkins and White expressed concern about their ability to disregard sympathetic feelings, they also indicated that they could comply with the law as instructed by the court and rule against Simms. This is what our judicial system requires of jurors.
In a similar vein, Marie Batton also admitted that she did not know whether she could make a decision divorced of sympathy. She explained that she had "very soft feelings." However, Batton also indicated that she could apply the law as instructed by the court and deny recovery to Simms if she was at fault. The trial judge read instructions pertaining to sympathy and asked Batton whether she could apply the law as a fair and impartial juror. Batton replied that she could. Considering Batton's answers, we find no error in the trial court's refusal to dismiss Batton for cause.
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