Portch v. Sommerville

— Jason and Tami Portch appeal the trial court’s denial of their motion for a new trial. The motion was based on their contention that the trial court denied them the opportunity to exercise any of their peremptory challenges during jury selection. We agree they were denied the opportunity to exercise their peremptory challenges but find their refusal of the court’s offer to declare a mistrial renders the error harmless. The court’s denial of a new trial is affirmed, and the Portches’ request for attorney fees is denied.

Facts

The Portches sued Heather Sommerville for negligence arising from a…