Johnson v. Reed

464 S.W.2d 689, 1971 Tex. App. LEXIS 2535
CourtCourt of Appeals of Texas
DecidedMarch 5, 1971
Docket17584
StatusPublished
Cited by24 cases

This text of 464 S.W.2d 689 (Johnson v. Reed) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Reed, 464 S.W.2d 689, 1971 Tex. App. LEXIS 2535 (Tex. Ct. App. 1971).

Opinion

CLAUDE WILLIAMS, Chief Justice.

This is a suit to recover damages for personal injuries alleged to have been sustained in an automobile collision. Betty Johnson contends that she sustained serious personal injuries when the car she was driving collided with an automobile being driven by Belva Reed. The case was tried to a court and a jury. In response to special issues the jury found that both Betty *691 Johnson and Belva Reed were negligent in the operation of their vehicles and that the negligence of each was a proximate cause of the collision. Based upon this verdict the trial court rendered a take nothing judgment against Betty Johnson and she brings this appeal.

Appellant brings forward no points to attack the sufficiency of the jury verdict. In eight points of error she confines her attack upon the judgment by contending (1) that the trial court unduly restricted the right of appellant’s counsel to conduct voir dire examination of the jury; (2) that the court erred in failing to rule on a motion in limine, and (3) that error was committed in requiring appellant to answer certain questions relating to receipt of child support.

In her primary point of error appellant complains of the trial court’s action in refusing to permit appellant’s counsel to question the jury panel, in good faith, regarding any possible connection of the member of the panel, or their family, friends or associates, with the insurance industry. Prior to trial appellees’ counsel filed a motion in limine requesting the court to instruct counsel for appellant not to introduce any evidence, or in any way advise the jury, by innuendo or otherwise, concerning the possible existence of liability insurance. The court sustained this motion. Thereupon counsel for appellant stated to the court that he desired to interrogate the jury panel concerning any connection any potential juror may have had with the insurance industry generally. For example, he stated that he wished to ask a question, substantially as follows: “Has anyone * * *, or any of your relatives or close friends or next door neighbors, for instance, ever been connected with the insurance industry?” The trial court refused to permit appellant’s counsel to propound such a question, or similar questions, to the panel.

The purpose of permitting counsel to interrogate prospective jurors on voir dire examination is to elicit facts that will enable the attorney to exercise the right of peremptory challenge in an intelligent manner as well as to ascertain that jurors possess the legal qualifications and are not, by bias or otherwise, disqualified to try the particular case. 35 Tex.Jur.2d, § 97, p. 147. However, such right to interrogate is not unlimited but must, of necessity, be limited to those inquiries which are material and relevant to the particular kind of case being tried. Since our rules of civil procedure are silent concerning the details of the manner of conducting the voir dire examination it has been held that the extent of same is largely within the trial court’s discretion. Lassiter v. Bouche, 41 S.W.2d 88 (Tex.Civ.App., Dallas 1931, writ ref’d) ; Fort Worth & Denver City Ry. Co. v. Kiel, 195 S.W.2d 405 (Tex.Civ.App., Fort Worth 1946, writ ref’d n. r. e.); Lubbock Bus Company v. Pearson, 277 S.W.2d 186 (Tex.Civ.App., Amarillo 1955, writ ref’d n. r. e.); Travelers Insurance Co. v. Beisel, 382 S.W.2d 515 (Tex.Civ.App., Amarillo 1964, no writ); Levermann v. Cartall, 393 S.W.2d 931 (Tex.Civ.App., San Antonio 1965, writ ref’d n. r. e.).

While the appellate court may review the discretion of the trial court in limiting voir dire examination it is only where the record demonstrates a clear case of abuse of discretion will such power of the trial court be revised on appeal. 35 Tex.Jur.2d, § 117, p. 173; Lubbock Bus Company v. Pearson, 277 S.W.2d 186 (Tex.Civ.App., Amarillo 1955, writ ref’d n. r. e.); and Travelers Insurance Co. v. Beisel, 382 S.W.2d 515 (Tex.Civ.App., Amarillo 1964, no writ).

It has long been settled in Texas that in automobile collision cases, such as the one before us, it is improper to inject the question of insurance, whatever the form it may take. Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234 (1934); Texas Company v. Betterton, 126 Tex. 359, 88 S.W.2d 1039 (1936); Hurley v. McMillan, 268 S.W.2d 229 (Tex.Civ.App., Galveston 1954, writ ref’d n. r. e.).

*692 The question of the propriety of questions by counsel such as here involved has been considered by a number of the Courts of Civil Appeals. In most instances the courts have held that to permit such an inquiry constitutes reversible error. Green v. Ligon, 190 S.W.2d 742 (Tex.Civ.App., Fort Worth 1945, writ ref’d n. r. e.); Tarbutton v. Ambriz, 259 S.W. 259 (Tex.Civ. App., San Antonio 1924, writ ref’d n. r. e.); Lange v. Lawrence, 259 S.W. 261 (Tex.Civ.App., San Antonio 1924, writ dism’d) ; Houston Transit Company v. Goldston, 217 S.W.2d 435 (Tex.Civ.App., Galveston 1949, no writ). The most recent case is that of Brockett v. Tice, 445 S.W.2d 20 (Tex.Civ.App., Houston (1st) 1969, writ ref’d. n. r. e.). In this case counsel asked the jury panel “whether any juror had any connection with any insurance company.” The court, in holding such question to be reversible error said:

“We are of the view that the effect of appellee’s counsel asking the jury panel if any of them had any connection with any insurance company was to convey the impression that appellant had insurance. The question was knowingly and deliberately asked by counsel, as shown by his brief and in oral argument before this Court on the theory that he was entitled to get this information as a base for further questioning as to whether this would cause bias or prejudice on the part of the juror. This was error.”

Appellant places great reliance upon the decision of the Court of Civil Appeals of Austin in South Austin Drive-in Theatre v, Thomison, 421 S.W.2d 933 (1967, writ ref’d n. r. e.), and also Brown v. Poff, 387 S.W.2d 101 (Tex.Civ.App., El Paso 1965, writ ref’d n. r. e.) ; and Kollmorgan v. Scott, 447 S.W.2d 236 (Tex.Civ.App., Houston (14th) 1969, no writ). However, the case of South Austin Drive-in Theatre v.

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464 S.W.2d 689, 1971 Tex. App. LEXIS 2535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-reed-texapp-1971.