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Williams v. Mayor and City Council of Baltimore11/3/1993
Opinion by Wilner, C.J.
Appellants, Annie Williams, DeForest Williams, and Eugene Whiting, were injured when their car collided with a truck owned by Baltimore City. By its responses to requests for admissions, the City admitted that its driver had "caused the collision." As a result, damages were the only issues to be tried. We are informed by appellants that, prior to trial, the City paid them for the damage to their car, so that property damages were not at issue.
Trial took place in the Circuit Court for Baltimore City. In its voir dire examination, the court asked whether any of the prospective jurors knew anything about the accident, knew or had any relationship to the parties, witnesses, or attorneys, had either asserted a claim for personal injury arising from an accident or on-the-job injury, had such a claim asserted against them, or had a "special relationship with Baltimore City." The court defined "special relationship" as employment, pending litigation, or "any other relationship, past or present, with the City that would affect your ability to serve fairly and impartially as a juror." The court also inquired whether any of the prospective jurors would be prejudiced simply because the City was a party, whether anyone on the jury had a particular hardship or emergency situation that would prevent them from fulfilling their jury duty, and whether there was any other "reason based on any belief, knowledge, information, or experience of any sort whatsoever" that would affect their ability to serve.
The court declined to ask five voir dire questions requested by appellants, who timely excepted to the court's decision. The questions were as follows:
"1. Did any of the members of this panel hear the acceptance speech of President Bush at the Republican Convention in which he contended that trial lawyers and all the suits they file have contributed to the economic problems faced by our Country? If so, would what you heard keep you from fairly and justly deciding the issues in this case, especially as to compensation to be awarded?
2. Would any of the members of this panel be unable to fairly and justly decide the issues in this case especially as to compensation to be awarded because of all that you have heard and/or read about the effect of large jury awards on your liability insurance premiums?
3. Would any of the members of this panel be unable to fairly and justly decide the issues in this case especially as to compensation to be awarded because of all that you have heard and/or read about the effect of fraudulent or frivolous law suits for injuries, etc.?
4. Would any of the members of this panel be unable to fairly and justly decide the issues in this case especially as to compensation to be awarded because of all that you have heard and/or read about the high costs of medical care and gauging or even fraud by doctors in their billing for treatment done or even not done?
5. Would any of the members of this panel be unable to fairly and justly decide the issues in this case especially as to compensation to be awarded because you are a taxpayer in Baltimore City or because you or a close relative or friend works or worked for the City?"
The matter then proceeded to trial, and the jury awarded appellants some medical expenses and lost earnings but virtually no non-economic damages. Appellants moved for a new trial based in part on the court's refusal to ask the five voir dire questions; the motion was denied.
On appeal, the single question presented by appellants is:
"Did the trial judge abuse his discretion in refusing to ask the voir dire questions pro
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