Patterson Bank v. Gunter

In the first Division of this case, the majority holds that Patterson Bank was not entitled to a new trial even though one of the jurors was disqualified because of his familial relationship to the plaintiff, and bases that holding on its conclusion that the bank did not exercise ordinary diligence in discovering the relationship. Because controlling precedent indicates that Patterson Bank exercised due diligence in seeking to discover any disqualifying factors of the prospective jurors, I must respectfully dissent.

A party has a duty to exercise ordinary diligence to discover any…