Car Accident Jury Selection

This case stems from an automobile accident. Based on that incident, the injured party sued another driver, claiming he negligently operated his truck and improperly changed lanes causing his vehicle to strike the car driven by the injured party. After a four-day trial, the jury returned a verdict in favor of Defendant, finding no negligence on his part.

The injured party subsequently filed a motion for new trial based on juror nondisclosure. That motion alleged, in part, that a juror failed to disclose: (1) prior felony convictions, and (2) that he had been involved in several automobile accidents in the past. The motion further alleged that one of the accidents occurred fewer than two years before the trial and the juror was found to be at fault for improperly changing lanes.

The motion further alleged that one of the accidents occurred fewer than two years before the trial and the juror was found to be at fault for improperly changing lanes. The Fifth District Court of Appeal reversed the trial court and granted a new trial because the undisclosed information prevented counsel from making an informed judgment, which in all likelihood would have resulted in a peremptory challenge.

The Fifth District Court of Appeals serves many trial courts including those in St. Johns County and St. Augustine.

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