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Long v. Norris & Associates9/25/2000
To properly preserve an issue for review, the litigant must make a contemporaneous objection. Doe v. S.B.M., 327 S.C. 352, 488 S.E.2d 878 (Ct. App. 1997). The objection must be ruled on by the trial judge. Wilder Corp. v. Wilke, 330 S.C. 71, 497 S.E.2d 731 (1998). A party is not required to harass the trial judge with repetitive objections when an intelligible one has been made. See State v. Higgenbottom, 337 S.C. 637, 640-641, 525 S.E.2d 250, 251 (Ct. App. 1999) (quoting State v. McDaniel, 320 S.C. 33, 37, 462 S.E.2d 882, 884 (Ct. App.1995) ("So long as the judge had an opportunity to rule on an issue, and did so, it was 'not incumbent upon à counsel to harass the judge by parading the issue before him again.'")). Irrefutably, Long preserved the issue.
B. Lou Norris' Dismissal as Harmless Error
Norris and Associates propose as an alternative argument that this Court should view Lou Norris' dismissal as harmless error because Long did not demonstrate any prejudice by the judge's decision. We need not address this argument because the Circuit Court dismissed Lou Norris in contravention of the laws of agency and tort.
We reverse the trial court's dismissal of Lou Norris from the action in his individual capacity.
CONCLUSION
We hold the voir dire oath mandates that a prospective juror tell the entire truth. A juror's lack of honesty and candor during voir dire is a violation of his oath, as well as a barrier to a party's efforts in identifying potential jurors who harbor a bias. Juror concealment of material facts during voir dire is anathema to justice. We affirm the order of the Circuit Court setting aside the verdict in this case based on juror disqualification.
A person is liable to others for his own tortious conduct. This responsibility is unaffected by the fact that the tortfeasor was acting in a representative capacity. We reverse the trial court's dismissal of Lou Norris as an individual defendant.
This case is remanded to the Circuit Court for a new trial with both Norris and Associates and Lou Norris, individually, as defendants.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
GOOLSBY and HUFF, JJ., concur.
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