Pierce v. Altman

Smith, Judge.

Appellant Pierce brought a wrongful death action against Altman and received an unfavorable verdict. During voir dire, appellants’ counsel asked if any member of the jury panel had ever been a defendant in a lawsuit for personal injuries, and a certain prospective juror failed to make any response. Both sides accepted this juror, and the jury elected him foreman. Subsequent to verdict, appellants’ counsel discovered that this juror had in fact been a defendant in a personal injury action less than four years earlier; he filed a timely motion for new trial; the court denied it;…