Powell v. Allstate Insurance Co.

ON MOTION FOR REHEARING EN BANC

We grant appellee’s motion to rehear the cause en banc, withdraw our previous opinion and substitute this opinion.

Sometime after a verdict was rendered in favor of Derrick A. Powell and Eugena Powell (who are black) a juror came forward to complain that one of the other jurors (all of the jurors were white) had told a racial joke and yet another juror had made a racial statement. The trial judge, along with counsel for the plaintiff and the defense, interviewed that juror to see if it would be appro*788priate to interview the remaining jurors. After this initial…