COLBERT COUNTY-NORTHWEST ALA. v. Nix

This is a close call. From reading the record, I find no affirmative testimony indicating probable prejudice as a result of the jurors' failure to respond to questions asked during voir dire examination. Certainly, I would have voted to affirm on this issue, if the trial court had denied the Nixes a new trial. I faced this same problem in Land Associates, Inc. v.Simmons, 562 So.2d 140 (Ala. 1989) (Houston, J., concurring specially), cert. denied, 499 U.S. 918, 111 S.Ct. 1305,113 L.Ed.2d 240 (1991). I concur specially, after studying the following cases to make certain that plaintiffs and…