Alston v. Black River Electric Cooperative

527 S.E.2d 119, 338 S.C. 543, 2000 S.C. App. LEXIS 12
CourtCourt of Appeals of South Carolina
DecidedJanuary 24, 2000
DocketNo. 3105
StatusPublished
Cited by1 cases

This text of 527 S.E.2d 119 (Alston v. Black River Electric Cooperative) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alston v. Black River Electric Cooperative, 527 S.E.2d 119, 338 S.C. 543, 2000 S.C. App. LEXIS 12 (S.C. Ct. App. 2000).

Opinions

CONNOR, Judge:

Michael Alston sued Black River Electric Cooperative, alleging Black River’s negligence caused a fire at his house. A jury returned a verdict in favor of Black River. Alston appeals, arguing the trial court erred in refusing to strike all jurors who were members of Black River for cause. We affirm.

Alston owned a lot that was served by Black River. While his house was under construction, Alston asked Black River to move a power line that crossed over it. The power line was never moved. During a storm on November 17, 1994, the power line broke, causing a fire which destroyed the house.

During voir dire, seven jurors on the twenty juror strike list identified themselves as customers of Black River. Two of the three jurors on the alternate strike list were Black River customers. Alston moved to strike those jurors for cause. The trial judge refused. However, Alston did not attempt to prove actual bias through further voir dire.

Alston subsequently struck two jurors who were Black River customers and two jurors who were not. Black River struck one Black River customer. Two of the three jurors on the alternate strike list were Black River customers, and Alston struck the alternate who was not a customer. Four Black River customers ended up serving on the jury. The alternate did not participate.

DISCUSSION

The only issue on appeal is whether the trial court erred in refusing to excuse Black River customers for cause.

Section 14-7-1020 of the South Carolina Code grants the trial judge discretion to disqualify jurors for cause. It provides:

[546]*546The court shall, on motion of either party in the suit, examine on oath any person who is called as a juror to know whether he is related to either party, has any interest in the cause, has expressed or formed any opinion, or is sensible of any bias or prejudice therein, and the party objecting to the juror may introduce any other competent evidence in support of the objection. If it appears to the court that the juror is not indifferent in the cause, he must be placed aside as to the trial of that cause and another must be called.

S.C.Code Ann. § 14-7-1020 (Supp.1998) (emphasis added).

We recently discussed the issue of whether customers of an electric cooperative must be removed for cause. Wall v. Keels, 331 S.C. 310, 501 S.E.2d 754 (Ct.App.1998). Because the question was a novel one in South Carolina, we reviewed how other states have ruled on this issue. Some states hold that customers of cooperatives, by virtue of their participation in the cooperative’s revenues, are per se incompetent to serve as jurors in cases involving the cooperatives.1 Essentially, [547]*547cooperative customers are excluded because of implied bias. Other states, however, reject a per se rule of exclusion. Rather, these states require a party to establish a juror’s actual bias through questioning.2

In Wall we declined to decide whether a cooperative customer was per se disqualified from serving on a jury when the cooperative association was a party. The appellant in Wall did not seek a per se disqualification of the customers of the cooperative. Instead, he sought proposed voir dire to determine whether potential jurors, because of their membership in the cooperative association, were actually biased against him. Under the circumstances of the case,3 we held the trial court abused its discretion by rejecting the proposed voir dire. However, we limited our holding:

We do not mean to suggest that ... the trial court must ask all voir dire submitted by the parties or must strike for cause all members of the cooperative if so requested by one of the parties. The resolution of the case before us does not require the adoption of any bright-line rule, and our opinion should not be read as adopting any such rule.

Wall, 331 S.C. at 322, 501 S.E.2d at 760.

We, therefore, left for another day the decision of whether to adopt a per se rule excluding members of cooperative [548]*548associations from the venire. The day for that decision has now come.

The South Carolina Supreme Court has held “[t]hat a stockholder in a company which is a party to a lawsuit is incompetent to sit as a juror.” Southern Bell Tel. & Tel. Co. v. Shepard, 262 S.C. 217, 222, 204 S.E.2d 11, 12 (1974) (quoting Chestnut v. Ford Motor Co., 445 F.2d 967, 971 (4th Cir.1971)). Alston asserts customers of an electric cooperative should similarly be automatically disqualified for cause.

In contrast to a stockholder, other jurisdictions have recognized that public utility customers, which are more analogous to cooperative customers than investment-minded shareholders, are not presumptively biased in favor of the utility. See In Re Virginia Elec. & Power Co., 539 F.2d 357 (4th Cir.1976) (holding trial judge was not required to recuse himself from case where electric utility that served him claimed $152,000,-000 in damages, the recovery of which would result in a potential refund to the judge of $70 to $100); City of Cleveland v. Cleveland Elec. Illuminating Co., 538 F.Supp. 1240 (N.D.Ohio 1980) (denying motion to exclude from jury venire all electric power customers of either the City or the Cleveland Electric Illuminating Co., but intending to conduct comprehensive voir dire examination to determine whether the veniremen have, or believe they have, an interest in the outcome of the controversy); Pennsylvania Power & Light Co. v. Gulf Oil Corp., 270 Pa.Super. 514, 411 A.2d 1203, 1218 (1980) (holding that whether utility “customers believe that they will benefit ... can be satisfactorily discovered on voir dire”).

As Alston notes, Black River customers enjoy similar rights to and benefits of corporate stockholders. Black River members attend annual and special meetings and elect members of the Board of Trustees. They have the power to alter, amend, or repeal their bylaws. Excess revenues are credited to a patron’s capital account. If Black River dissolved, its assets, after the payment of all debts, obligations, and liabilities, would be distributed to its members.

However, unlike corporate shareholders, the members of Black River are first and foremost customers of a utility.

[549]*549Their main concern is utility service, not profit. Moreover, utility customers have little choice in their provider.

The Mississippi Supreme Court has refused to per se disqualify members of cooperatives, explaining:

In a largely rural area such as exists in Mississippi, all people outside municipalities are supplied by electric cooperatives. Any pecuniary gain the customer or member receives is practically nil.... Mississippi jurisprudence is not ready to adopt or establish [a per se rule of disqualification for co-operative members].

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Related

Alston v. Black River Electric Cooperative
548 S.E.2d 858 (Supreme Court of South Carolina, 2001)

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Bluebook (online)
527 S.E.2d 119, 338 S.C. 543, 2000 S.C. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-black-river-electric-cooperative-scctapp-2000.