4th DCA of Florida – Error in Impaneling “Partial” Juror in Slip and Fall Case

The 4th DCA of Florida recently held in Algie v. Lennar Corporation that the trial court erred in impaneling a juror in a slip and fall case.  The subject juror informed counsel that he believed every person involved injured in a slip and fall case carries with them a percentage of fault but that he could be fair in serving as a juror in the case.  Notwithstanding the juror’s response to this line of questioning, the trial court judge would not agree to strike the juror for cause.  The 4th DCA held that when a party seeks to strike a potential juror for cause, the trial court must allow the strike when there is reasonable doubt that the juror’s state of mind would cause him/her to render an impartial decision.  The Court went on to hold that a juror who initially expresses bias may be rehabilitated during questioning, however, the initial doubts raised are not necessarily dispelled simply because a juror later acquiesces and states that he/she can be fair.

Please click here to read the entire opinion: Algie v. Lennar Corporation

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.