West v. Holley

2004 UT 97, 103 P.3d 708, 513 Utah Adv. Rep. 18, 2004 Utah LEXIS 217, 2004 WL 2633441
CourtUtah Supreme Court
DecidedNovember 19, 2004
Docket20020255
StatusPublished
Cited by16 cases

This text of 2004 UT 97 (West v. Holley) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West v. Holley, 2004 UT 97, 103 P.3d 708, 513 Utah Adv. Rep. 18, 2004 Utah LEXIS 217, 2004 WL 2633441 (Utah 2004).

Opinions

PARRISH, Justice:

{1 Plaintiffs Stephen R. West and Holley West appeal the trial court's denial of their motion for additur, a new trial, or judgment notwithstanding the verdict. We reverse and remand for a new trial.

BACKGROUND

T2 The Wests were driving through a parking lot in their Ford Explorer when their car was struck by a Toyota Paseo driven by Jeffery Holley. The Wests sued Holley. Among other things, Mr. West sought recovery for damage to a spinal cord stimulator that had been implanted in his back eleven months prior to the accident to alleviate his chronic pain. Mr. West alleged that the accident had shifted the leads of the stimulator from their proper positions, interfering with the stimulator's ability to function properly. Mr. West incurred costs from chiropractic care in Utah, as well as costs associated with surgically returning the leads of the spinal cord stimulator to their original therapeutic positions.

13 The case was tried to a jury. Following deliberations, the jury returned a verdict finding Holley negligent and awarding Mrs. West $3000 in special damages and Mr. West $8040 in special damages. The initial verdict did not award any general damages, nor did it award Mr. West damages for the medical expenses he incurred in connection with the reimplantation of the spinal cord stimulator. The trial judge then instructed the jury that its award of special damages required at least a nominal award of general damages. After further deliberation, the jury returned with general damage awards of $1 for each plaintiff.

T 4 The Wests moved for additur or, in the alternative, for a new trial or judgment notwithstanding the verdict. They argued that (1) the nominal general damage awards of $1 for each plaintiff were inconsistent with the significant special damage awards, and (2) the jury's failure to award Mr. West damages for medical expenses relating to the spinal cord stimulator required the court to grant either additur or a new trial

5 The Wests also based their motion for a new trial on an allegation of juror misconduct. In support of their motion, they relied on the affidavit of juror Stacie Bersie in which she testified as to statements made by another juror, Susan Weinmuller, during the course of the trial. Bersie testified that Weinmuller had stated an intention to discuss the case with family members during the trial and had revealed that she had been involved in prior lawsuits that she had failed to disclose in voir dire. Bersie also testified that Weinmuller expressed strong views against awarding damages in "smaller" personal injury cases. Relying on Bersie's affidavit, the Wests argued that Weinmuller's presence on the jury infringed their right to a fair trial.

T6 The trial court held a hearing regarding Weinmuller's alleged misconduct. Wein-muller appeared and denied that she had discussed the case with family members before the conclusion of the trial. She admitted, however, that she had been subject, as a business owner in California, to a contract lawsuit and to workers' compensation claims she believed were spurious. She also admitted that she should have disclosed these experiences in response to voir dire questions asked during jury selection. The trial court then questioned Weinmuller as to the impact of these experiences on her attitudes and beliefs. Although Weinmuller's responses to these questions suggested bias, she assured the court that she was capable of setting her feelings aside and deciding the case on its own merits.

T7 At the conclusion of the questioning, the Wests asked the court to probe more deeply into Weinmuller's views on general damages and "what she brought into the deliberations ... from her prior experience." The trial judge declined to do so. Although he found that Weinmuller had failed to an[710]*710swer voir dire questions truthfully, he found that her failure to do so was not material inasmuch as any truthful answers Weinmul-ler might have given would not have required that she be removed for cause. Reasoning that a new trial was appropriate only if Weinmuller would have been subject to removal for cause, the trial court denied the Wests' motion for a new trial. The trial court also denied the Wests' motion for addi-tur or judgment notwithstanding the verdict.

T8 The Wests now appeal the denial of their motion, arguing that (1) the trial court abused its discretion by not granting additur or ordering a new trial because the jury awarded substantial special damages but only nominal general damages; (2) the trial court abused its discretion by denying addi-tur or a new trial based on the jury's failure to award damages for expenses related to repairing the spinal cord stimulator; (8) the trial court abused its discretion by refusing to more thoroughly examine Weinmuller regarding her biases and alleged misconduct; (4) the trial court erred by holding that the Wests' inability to use a peremptory challenge on Weinmuller was insufficient to warrant a new trial; and (5) the trial court abused its discretion by finding that Wein-muller's answers, if given at voir dire, would not have provided a sufficient basis to remove her for cause.

19 We reverse. In deciding whether Weinmuller was subject to removal for cause had she answered the voir dire questions truthfully, the trial court abused its discretion by relying solely on Weinmuller's own assurances of her impartiality. We therefore remand with instructions to grant the Wests a new trial. Because the Wests are entitled to a new trial, it is unnecessary for us to consider their remaining claims.

ANALYSIS

T10 Weinmuller's responses to questioning by the trial court suggested that she was unable to judge the case on its own merits and created a presumption of bias that must have been rebutted to avoid her being dismissed for cause. In deciding that Weinmuller's answers did not warrant dismissing her for cause, the trial court relied on nothing more than Weinmuller's own assurances of her impartiality. As a matter of law, such assurances are insufficient to overcome a presumption of bias. The trial court therefore abused its discretion in refusing to grant the Wests' motion for a new trial.

I. THE APPLICABLE LAW

T11 We have adopted the test articulated in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 556, 104 S.Ct. 845, 78 L.Ed.2d 668 (1984), for post-trial challenges to a juror based on the juror's alleged misstatements or omissions during voir dire. State v. Thomas, 830 P.2d 243, 245 (Utah 1992). Under the McDonough test, a court first considers whether the juror in question failed to truthfully answer questions posed in voir dire. If so, the court must then consider whether truthful answers, if known at the time, would have supplied a valid basis for removing the juror for cause. McDonough, 464 U.S. at 556, 104 S.Ct. 845. Because we accord trial courts considerable discretion in deciding whether to dismiss potential jurors for cause, the second prong of the McDonough test incorporates a deferential standard of review. See State v. Wach, 2001 UT 35, ¶ 25, 24 P.3d 948 (stating that trial court rulings on removing jurors for cause are reviewed for abuse of discretion).

112 Although we accord trial courts considerable discretion in ruling on motions to dismiss jurors for cause, we have encouraged them to err on the side of dismissing questionable jurors.

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Bluebook (online)
2004 UT 97, 103 P.3d 708, 513 Utah Adv. Rep. 18, 2004 Utah LEXIS 217, 2004 WL 2633441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-holley-utah-2004.