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Redfield v. Beverly Health & Rehabilitation Services1/30/2001
of such significance that the juror's purported forgetfulness is unreasonable. Heinen v. Healthline Management, Inc., 982 S.W.2d 244, 247-248 (Mo.banc 1998). Finding that a juror had a "reckless disregard" for the responsibility to disclose information during voir dire is tantamount to intentional nondisclosure. Id. at 248. A finding of intentional nondisclosure is tantamount to a per se rule mandating a new trial. Id. However, such findings must be supported by the record. Id.
Unintentional disclosure exists where the experience forgotten was insignificant or remote in time, or where the venireperson reasonably misunderstands the questions posed. Williams By and Through Wilford v. Barnes Hosp., 736 S.W.2d 33, 36 (Mo.banc 1987).
In the instant case, the relevant questions posed by defense counsel at voir dire were:
Is there anyone who is currently a plaintiff or defendant in a civil matter? A civil matter like what we have here today where somebody is suing somebody else? Whether you're a plaintiff, whether you're the one doing the suing or whether you're a defendant, you're the one being sued?
Let's not talk about currently, but let's talk about the past. In the first group of twelve, is there anyone in the group of twelve in the past that was a plaintiff or a defendant in a civil lawsuit?
Now, I think Mr. Strum asked about being a plaintiff or a defendant and Ms. Simmons we found out that you had a claim but you did not really file a lawsuit, but has anyone else ever had a claim for money damages, not a lawsuit, maybe it didn't get that far but has anyone ever in the panel had a claim that sought money damages?
Hopper did not respond to any of these inquiries at voir dire.
At the post-trial hearing, the trial court found that Hopper did not state that she had forgotten the cases which she failed to disclose. "Cases" include not only the Bi-State litigation, but also a workers' compensation matter where her former employer, McDonald's, filed a workers' compensation report of injury when Hopper injured herself at work, and an automobile accident in which Hopper, as an underaged driver, backed an automobile into another driver. The court apparently considered these two additional cases in coming to its decision: "Rather [Hopper's] failure to relate all of the instances here would seem to indicate a reckless disregard for her responsibilities."
We disagree. In the automobile accident case, Hopper was neither a named plaintiff nor defendant. Hopper's father was the named defendant. Hopper had no claim for money damages because of the accident. Therefore, Hopper was not obligated to disclose this case in response to the above questions posed during voir dire. In the workers' compensation case, Hopper herself did not file a claim. Rather her employer filed a Report of Injury. Hopper did not have a lawyer, nor did she receive any compensation. Therefore, Hopper was not required to disclose this case during voir dire. In fact, at the post-trial hearing, Hopper testified that she did not even remember the incident in question.
Turning to the Bi-State litigation, the trial court specifically found that Hopper did not indicate that she had forgotten the Bi-State case. However, the record shows that Hopper testified at the post-trial hearing as follows:
Q. [Counsel for defense] Okay. Now, these questions about whether anyone had been a plaintiff or defendant in a civil lawsuit, why did you not bring this matter to the lawyers and to the Court's attention, this injury and lawsuit in relating to the Bi-State bus accident?
A. [Hopper] I really don't know. The lawyer did everything.
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