Robinson v. McBride Building Co.

Gernon, J.:

Mark E. Robinson appeals the denial of his motion for a new trial. The issue on appeal is whether the trial court erred by allowing peremptory challenges to remove the only three black jurors from the jury panel in this civil case.

The facts are not in dispute. Mark Robinson, then age five, was injured while playing ball in his backyard. Robinson chased after a ball and fell headfirst into an excavation at a home site under construction adjacent to his home.

Robinson filed suit against McBride Building Company, Inc., (McBride) the owner of the property, and Max Rieke Brothers, Inc.,…