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FOSTER v. SPARTANBURG HOSP. SYSTEM3/21/1994
to his family's history of heart trouble, allergies and high blood pressure. However, several jurors were seated who indicated they or their family members suffered from similar illnesses. Therefore, these explanations likewise form no reasonable basis for the exclusion and are merely a pretext for excluding jurors based on race.
Counsel for the Hospital also struck Cammille Stephens, a 30 year old black female, because her mother suffered from high blood pressure. Counsel defends that none of the other female jurors close to Stephens' age had mothers who suffered with high blood pressure. Nevertheless, the Hospital seated at least one female juror whose family member suffered from a heart condition. Also seated were several male jurors whose mothers, fathers or themselves had high blood pressure. Additionally, counsel defends that Stephens was stricken from the jury because she failed to respond to question number 29 on the questionnaire regarding her ability to fairly decide a lawsuit involving a hospital and an individual. However, counsel seated two white jurors, Tammy Turnage and Larry Bruce, who failed to complete the questionnaire. Further, all of the jurors were asked if they knew any reason they could not give a fair trial to both parties and juror Stephens gave no affirmative response. Lastly, counsel asserts that Stephens was excluded because she is a
For the foregoing reasons, we find the Hospital has not met its burden of proving it exercised peremptory challenges in a racially-neutral manner and the trial court erred in not granting a new trial. Because we find the appellant is entitled to a new trial based on violation of her Fourteenth Amendment rights, we do not address the other grounds raised alleging entitlement to a new trial.
Reversed and remanded.
HOWELL, C.J., and CURETON, J., concur.
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