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Landon v. Zorn10/6/2005
ce sufficient evidence of negligence. Kujawa, 224 Md. at 199-200, 167 A.2d at 97.
The Kujawas alleged that the trial court erred in refusing to propound a question to jurors during voir dire that was intended to determine bias with respect to the size of jury verdicts. Kujawa, 224 Md. at 200, 167 A.2d at 98. The question was proposed in order to counter the "`steady stream of indoctrination' flowing from the insurance companies to the public generally" in an amount that would negatively influence the jury verdicts in negligence cases. Kujawa, 224 Md. at 201, 167 A.2d at 98. In response to the plaintiffs' contention that refusal to submit this question led to a jury that included persons "obviously predisposed against bringing in an adequate jury verdict," we held that, absent any prejudice to the plaintiffs, a question may be excluded if it is not properly formed to determine a potential cause for disqualification. Id. (citing Grossfeld v. Braverman, 203 Md. 498, 500-501, 101 A.2d 824, 825 (1954) (citation omitted)). In affirming the trial court we further stated:
Even if a juror had formed or expressed an opinion as to the adequacies or inadequacies of jury verdicts in negligence cases, that fact would not have disqualified him. A juror to be competent need not be devoid of all beliefs and convictions. All that may be required of him is that he shall be without bias or prejudice for or against the parties to the cause and possess an open mind to the end that he may hear and consider the evidence produced and render a fair and impartial verdict thereon.
Kujawa, 224 Md. at 201, 167 A.2d at 98 (citing Garlitz v. State, 71 Md. 293, 300, 18 A. 39 (1889) (citation omitted)).
Subsequently, the issue of voir dire questions addressing tort reform was revisited by the Court of Special Appeals in Williams v. Mayor and City Counsel of Baltimore, 98 Md. App. 209, 632 A.2d 505 (1993), cert. denied, 334 Md. 19, 637 A.2d 1192 (1994). The only issue tried in Williams was the amount of damages, as the defendant admitted that he negligently caused the automobile collision in question with the plaintiffs. Williams, 98 Md. App. at 210, 632 A.2d at 505. After the jury's failure to award any non-economic damages, the plaintiffs alleged error because of the trial court's failure to ask several questions during voir dire that resulted in alleged prejudice to their case for damages. Williams, 98 Md. App. at 212, 632 A.2d at 506. In its affirmance of the trial court, the Court of Special Appeals addressed the position of our sister states on similar types of voir dire questions, including Montana's stance as voiced in Borkoski v. Yost, 594 P.2d 688 (Mont. 1979). The Landons ask us to apply the basic principles of Borkoski to voir dire questions involving medical malpractice and tort reform.
Jerome Borkoski filed a medical malpractice and wrongful death action following the death of his wife, suing both the hospital where his wife received her care and two doctors. Borkoski, 594 P.2d at 689. It was established during discovery that the insurance company that provided malpractice insurance to the defendant doctors had been actively involved in a campaign to influence jurors. Id. The campaign specifically targeted jurors and the focus of the advertisements "was that large jury awards would result in everyone paying higher insurance premiums," and appeared in several national magazines at the time the jury was impaneled. Borkoski, 594 P.2d at 689-90. As a result, Borkoski made a motion requesting permission to examine prospective jurors to determine whether they had been exposed to this campaign in any manner. Borkoski, 594 P.2d at 690. Borkoski's motion was denied and after the jury fo
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