Powell v. Allstate Insurance Co.

I respectfully dissent.

I agree with the majority opinion’s forceful statement that every member of this court (and, I would add, the trial judge) “deplore[s] the crass and intolerant comments attributed to some members of the jury” and that the people who made these comments were “insensitive clods”. However, I would reverse and remand the present case to the trial court to hold a hearing to determine whether the jury verdict was based on racial bias or prejudice which manifested itself after the jury was selected and sworn.1

Once the jurors were selected and sworn, those jurors became judges…