Poet v. Traverse City Osteopathic Hospital

We granted leave to consider whether plaintiffs were entitled to a new trial as a consequence of the trial judge’s denial of plaintiffs’ challenge of a juror for cause, where the juror was subsequently dismissed peremptorily.

We hold that a trial court commits error requiring reversal when the record reveals that: (1) the court improperly denied a challenge for cause, (2) the aggrieved party had exhausted all peremptory challenges, (3) the party demonstrated a desire to excuse another subsequently summoned juror, and (4) the juror whom the party wished later to excuse was objectionable.…