Moore v. Jenkins

Toal, Justice:

In this medical malpractice action, the trial judge allowed each of three multiple defendants to exercise a full set of peremptory strikes. As a matter of law, we find this procedure to be violative of the jury selection statute, prejudicial, and thus reversible error. Hence, we remand for a new trial.

FACTS

Fannie Lou Moore died as the result of injuries sustained in an automobile accident. William Moore filed suit on behalf of her estate against several parties responsible for treating Ms. Moore for those injuries, including: the emergency room physician, the radiologist…