Decarlo v. Frame

This is an action for damages for the death of the plaintiff’s decedent while riding as a passenger on a motorcycle. The plaintiff has appealed from a judgment for the defendants, assigning error in a ruling of the court granting the defendants the right to a peremptory challenge of a juror. As our decision of this issue is determinative of the appeal, we do not consider a further claim of error in a ruling on evidence.

The jurors were examined on voir dire on motion of the plaintiff. The fourth juror called was accepted by all parties following an examination and retired to a separate room…