 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Clack-Rylee v. Auffarth6/22/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J.
Jill Clack-Rylee and Charles Rylee sued Bradley Auffarth, M.D. for medical malpractice. The jury returned a defense verdict, which they appeal, arguing that the trial court erred in failing to remove a juror for cause. For the reasons that follow, we affirm.
The Rylees argue that Juror Conley showed bias, and the court failed to fully explore the bias or allow them to fully explore Conley's bias. Auffarth responds that the Rylees were allowed to question Conley as long as they wished and that Conley displayed no bias requiring the trial court to further explore the issue.
OCGA ยง 15-12-134 provides:
In all civil cases it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail or that he has a wish or desire as to which shall succeed. Upon challenge made by either party upon either of these grounds, it shall be the duty of the court to hear the competent evidence respecting the challenge as shall be submitted by either party, the juror being a competent witness. The court shall determine the challenge according to the opinion it entertains of the evidence adduced thereon.
" rial courts have broad discretion to evaluate and rule upon a potential juror's impartiality, based upon `the ordinary general rules of human experience,'" but when bias is shown, "the trial court must do more than `rehabilitate' the juror through the use of any talismanic question. The court is statutorily bound to conduct voir dire adequate to the situation, whether by questions of its own or through those asked by counsel." Kim v. Walls, 275 Ga. 177, 178 (563 SE2d 847) (2002). "A trial court has broad discretion in making this evaluation, and we will not reverse its ruling absent a manifest abuse of discretion." Remillard v. Longstreet Clinic, 267 Ga. App. 230, 231 (599 SE2d 198) (2004).
During a lengthy voir dire in this case, Juror Conley responded to both general and individual questions. When asked if he thought it was "just wrong" for one person to file a lawsuit against another person, Conley replied, "I'm in a peculiar situation. I'm a pastor, and the Bible teaches me it's wrong for one Christian to file suit against another." After counsel questioned other jurors on the subject, Conley said he wished to clarify his position. He further explained the theological basis for his personal belief, then added,
That's not to say that I don't think just anybody out here ought to be suing each other. I think they should operate within the justice system. The justice system allows them to do that, and their conscience, their moral conscience, their business conscience doesn't prevent them from doing that, I say have at it. But would I sue somebody that wasn't a Christian brother who had through negligence wronged me? Yes.
Later during individual voir dire, a lengthy colloquy ensued between the Rylees' counsel and Conley about whether he would presume that defendant Auffarth were a Christian because another juror said he attended the juror's church. Conley said he would presume that Auffarth claims to be a Christian, and that if the Rylees were also Christians, that he thought that "there should have been some sort of attempt to settle the thing." He added, "Am I going to sit here and deny them the processes of justice to be recompensed for a wrong that may have been done to them? I'm not going to sit here and say that they shouldn't do that." After additional questions, Conley volunteered the following response:
What I think about whether this couple has a right to sue this doctor or not as far as me and a court of law, if you impanel m
Page 1 2 3 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|