J.T. ex rel. Taylor v. Anbari

442 S.W.3d 49, 2014 WL 257273, 2014 Mo. App. LEXIS 52
CourtMissouri Court of Appeals
DecidedJanuary 23, 2014
DocketNo. SD 32562
StatusPublished
Cited by5 cases

This text of 442 S.W.3d 49 (J.T. ex rel. Taylor v. Anbari) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.T. ex rel. Taylor v. Anbari, 442 S.W.3d 49, 2014 WL 257273, 2014 Mo. App. LEXIS 52 (Mo. Ct. App. 2014).

Opinion

MARY W. SHEFFIELD, J.

This is an appeal from a defense verdict in a medical malpractice case. J.T. and A.T., by and through their father John Taylor (collectively, “the Taylors”), filed a petition seeking damages for the death of. the boys’ mother, Lindy Taylor (“Mother”), from Martin Anbari (“Dr. Anbari”), ■Michael Workman (“Dr. Workman”), and [52]*52Litton & Giddings Radiological Associates, P.C. (collectively, “the defendants”). The case went to trial, and the jury returned a verdict for the defendants. The Taylors appeal, raising three points involving the selection of the jury and alleged juror misconduct. We affirm the trial court’s judgment.

Factual and Procedural Background

On September 18, 2009, the Taylors filed their petition against the defendants alleging the defendants’ negligence caused Mother’s death. The petition stated that in 2008, Mother was hospitalized for a deep vein thrombosis in her left leg. While she was being treated for that condition, Dr. Anbari allegedly failed to diagnose May-Thurner Syndrome. Mother was subsequently released from the hospital, and the deep vein thrombosis returned. Mother was hospitalized a second time. During her second hospitalization, the defendants treated Mother with anticoagulants which caused a cerebral bleed. Mother died on June 13, 2008.

The case was tried by a jury which found in favor of the defendants. The Taylors filed a motion for new trial in which they alleged, among other things: (1) Juror Randall Doennig (“Doennig”) “engaged in serious juror misconduct by violating [the cjourt’s explicit instruction prohibiting jurors from communicating or posting anything about the trial on Face-book[;]” (2) the trial court erred in denying the Taylors’ Batson1 challenge to the defendants’ peremptory strike of Venire-person Sonja Howard (“Howard”); and (8) Juror Barbara Gurley (“Gurley”) “failed to disclose during voir dire that both she and her late-husband had arterial stents.” The trial court heard argument and evidence on the motion before denying it. This appeal followed.

Discussion

Point I: Batson Challenge

In their first point, the Taylors argue the trial court erred in denying their Bat-son challenge to the defendants’ peremptory strike of Howard. This argument is without merit because the Taylors failed to prove the reasons for the strike were pre-textual.

The following additional facts are relevant to this claim. During the first portion of voir dire, the trial court asked the panel members to state their employment, their marital status, whether they had children, and how long they had lived in Greene County. ' Howard responded she was divorced, she had lived in Springfield for 18 years, she had four children, and she was pursuing a paralegal degree. Later, while the Taylors’ attorney was questioning the venire panel, the Taylors’ attorney asked if anyone believed a doctor had saved his or her life or the life of a family member. Howard gave the following response:

In 2010 I was diagnosed with pneumonia. I was a patient in Cox Medical Hospital on the south side. I was very, very ill. During my stay there, I ended up with a blood clot in my right arm because they couldn’t get an IV, you know, in the regular way, so they had to do this deal. I was a very, very sick woman. Wasn’t getting any better. I was there probably about three to four weeks and didn’t look too good for me. The doctors that were on my team really fought for my life. I mean, basically they did everything they could do. Turned the entire situation around. Here I am.

[53]*53After the parties had made their peremptory strikes, the Taylors’ attorney announced he wanted to challenge the defendants’ strike of Howard. He identified Howard as the only African-American on the panel and stated he objected to .the strike on the basis of a Batson challenge. Dr. Anbari’s attorney responded:

First of all, there are no minorities involved in the case, so I think a Batson challenge is silly to begin with, but the reason that she was stricken has nothing to do with the color of her skin. It has to do with her being very similar to [Mother]. She is a single mother. She has had blood clots, and, in fact, she describes being in the hospital with blood clots and having a difficult time with it. That was the reason why the defendants used a peremptory cause [sic] on her. Nothing to do with regards to the color of her skin.

Dr. Workman’s attorney agreed and added he was also concerned because Howard was a paralegal. The Taylors’ attorney replied the reasons were pretextual, stating “[t]here were plenty of other jurors, Your Honor, that were single mothers that they did not strike. There were others with legal experience that they did not strike. And this lady even talked about a doctor that fought for her life.” The trial court found the defendants’ explanation was nondiscriminatory and denied the Bat-son challenge. That ruling was not clearly erroneous.

The standard of review that applies to the claim the Taylors raise in this point is deferential: “The trial court’s determination regarding purposeful discrimination is a finding of fact that will not be overturned on appeal unless clearly erroneous.” State v. Brooks, 980 S.W.2d 479, 488 (Mo. banc 1998). Clear error is found where the appellate court is left with a definite and firm impression that a mistake has been made. Id. Furthermore, in reviewing Batson challenges, appellate courts “accord the circuit court ‘great deference because its findings of fact largely depend on its evaluation of credibility and demeanor.’ ” Goodman v. Angle, 342 S.W.3d 458, 461 (Mo.App.W.D.2011) (internal citation omitted).

Analysis of a Batson claim involves a three-part analysis. Id. That analysis has been outlined as follows:

once the opponent of a peremptory challenge has made out a prima facie case of racial discrimination (step one), the burden of production shifts to the proponent of the strike to come forward with a race-neutral explanation (step two). If a race-neutral explanation is tendered, the trial court must then decide (step three) whether the opponent of the strike has proved purposeful racial discrimination.

Purkett v. Elem, 514 U.S. 765, 767, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995).

To satisfy step one, “the party challenging the strike must object and make a prima facie case of racial discrimination by identifying the protected class to which the potential juror belongs.” Goodman, 342 S.W.3d at 461. Here, the Taylors objected to the defendants’ strike of Howard and noted she was African-American. That procedure satisfied the first step of the analysis.

In the second step of the Batson analysis, “the proponent of the strike must present a specific and clear race-neutral reason for the strike.” Id. at 462. “Unless a discriminatory intent is inherent in the reason given, the circuit court should deem the reason to be neutral.” Id. Here, the defendants stated they struck Howard because she was a single mother who had difficulties with a blood clot and because she had training as a paralegal. These [54]

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Cite This Page — Counsel Stack

Bluebook (online)
442 S.W.3d 49, 2014 WL 257273, 2014 Mo. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jt-ex-rel-taylor-v-anbari-moctapp-2014.