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Holly v. Huntsville Hospital9/16/2005
to respond to the question.
Finally, the last factor to consider in determining whether a failure to respond to a question on voir dire probably prejudiced the party moving for a new trial is the materiality of the matter inquired about. This Court has stated that "information sought on voir dire is material if the questioning attorney considers it important in making the decision to excuse a prospective juror." Gold Kist, Inc. v. Brown, 495 So. 2d 540, 546 (Ala. 1986). The materiality of a juror's ongoing collection dispute with Huntsville Hospital, which will be held liable if a verdict is returned against Dr. Markushewski, requires no elaboration. Therefore, we conclude that the trial court acted within its discretion in determining that the matter inquired about was material. See Conference America, Inc., supra; Colbert County-Northwest Alabama Healthcare Auth., supra (holding that the trial court did not exceed its discretion in granting a new trial where the evidence showed that one juror failed to reveal that her brother had been represented by an attorney in the law firm that represented one of the defendants and another juror failed to reveal that her sister had previously been employed by a hospital, one of the defendants); Gold Kist, Inc., supra (affirming the trial court's order granting a new trial where, in an automobile-accident case involving a large truck, evidence showed that one juror failed to reveal that he had worked as a truck driver).
IV. Conclusion
We cannot say that the trial court exceeded its discretion in granting the motion for a new trial filed by Huntsville Hospital and Dr. Markushewski; therefore, the judgment is affirmed.
AFFIRMED.
Nabers, C.J., and Woodall, Smith, and Parker, JJ., concur.
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