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Buls v. Fuselier8/14/2001
that he could not act impartially. The juror's frank admission of this bias because of friendship was sufficient to support the challenge for cause unless he testified that he could put that matter aside and base his verdict solely on the evidence, which he did not.
Venireman Lewis White told the court during voir dire that he would have trouble sitting in judgment in a medical malpractice case because he had two daughters who were directors of medical records at two different hospitals, that he felt like matters he had heard from his daughters might influence him in the case, and that he had been told that people are trying to get something for nothing. He also told the court that one of his daughters had left her employment with a medical facility in distress, so that he was not sure he could be fair in this situation. He was unresponsive to the court's question of whether he could listen to the evidence in the case and be completely fair and impartial.
A motion was made to strike these jurors for cause, but the trial court denied that motion, and counsel was forced to use peremptory challenges.
For these reasons, I dissent.
Ben Z. Grant Justice
Date Submitted: June 12, 2001
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