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Stampwala v. Zamiri6/3/2003
r for cause, there must be some clear and independent showing on the record that: (1) the court improperly denied a challenge for cause, (2) the aggrieved party exhausted all peremptory challenges, (3) the party demonstrated the desire to excuse another subsequently summoned juror, and (4) the juror whom the party wished later to excuse was objectionable.
Here, plaintiff used a peremptory challenge to excuse the juror at issue and did not demonstrate a desire to excuse another subsequently summoned juror. Therefore, she was not prejudiced by the trial court's denial of her challenge for cause and reversal is not required.
X. Award of Costs
Finally, plaintiff argues that the trial court erred in allowing defendant costs for depositions that were not filed with the clerk. Costs are generally allowed to the prevailing party in an action. MCR 2.625(A)(1). Given our remand of this action for reinstatement of plaintiff's medical malpractice, the prevailing party is yet to be determined. Therefore, we vacate the award of costs as premature.
XI. Conclusion
In sum, we affirm the trial court's treatment of plaintiff's battery claim, but reverse the trial court's denial of plaintiff's motion to reinstate her medical malpractice claim and remand for further proceedings regarding that claim. Additionally, we vacate the trial court's award of costs.
Affirmed in part, reversed in part, and remanded. We do not retain jurisdiction.
Kurtis T. Wilder
E. Thomas Fitzgerald
Brian K. Zahra
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