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Keltner v. K-Mart Corp.1/30/2001
Appeal From: Circuit Court of the City of St. Louis, Hon. Anna C. Forder
Opinion Vote: REVERSED.
Crandall, Jr., J., concurs. Ahrens, P.C., dissents in separate opinion.
Opinion:
Sherree Keltner filed a negligence action against K-Mart Corporation alleging personal injuries caused by a falling light fixture in a K-Mart dressing room. After a jury returned a verdict for Keltner, K-Mart moved for judgment notwithstanding the verdict, new trial or remittitur. The trial court denied K-Mart's motions for judgment notwithstanding the verdict and remittitur, but granted its motion for a new trial after finding that a juror intentionally failed to disclose that he had been a defendant in four collection suits between 1980 and 1990. We reverse.
This appeal centers on what occurred during voir dire. Trial began on June 14, 1999. During voir dire Keltner's attorney began by introducing the attorneys, parties and witnesses, and asked whether any members of the panel had heard of or knew any of these people. After asking a number of standard questions, he focused the panels' attention on principles of negligence and asked whether any of them believed that there ought to be a limit on the amount of compensation persons may receive for injuries caused by others.
Plaintiff's attorney then focused the panel's attention on the issue of personal injury suits. He asked the panel whether they or close family members had any medical training, if any person would have a problem returning a verdict for Keltner that included amounts for her medical bills, and if any panel members or their family members had ever been hurt or injured at a business. After a number of jurors described instances where they or a family member had been injured at work and filed suit against the business, plaintiff's attorney asked if any one on the panel had owned or had a family member who had owned or operated a business. The following exchange then occurred between plaintiff's attorney and juror # 650, the juror K-Mart claims intentionally failed to disclose prior collection suits:
JUROR NO. 650: My wife operates a day care. [PLAINTIFF'S ATTORNEY]: Anyone filed a claim against her? JUROR NO. 650: No. [PLAINTIFF'S ATTORNEY]: Do you think the fact that this case is against a business would influence you here? JUROR NO. 650: No. [PLAINTIFF'S ATTORNEY]: You would be able to be fair and decide the case? JUROR NO. 650: Yes, I can decide.
After juror # 1254 indicated that she and her brother had businesses and no injury suits had been filed against them, plaintiff's attorney then asked:
I have asked you about claims any of you have brought. Let me ask next if there are any instances where claims have been brought against you. Has anyone claimed you did something wrong that you are responsible for, an injury or something else, and filed a claim or a suit against you?
It is this question that K-Mart maintains triggered the jurors' duty to provide information about prior collection suits. Juror # 646 responded by describing an instance where he was sued for personal injuries when someone fell on the sidewalk in front of his home. No other juror responded. Plaintiff's attorney then returned to the issue of claims for a second time:
Anybody had a claim filed against them? How many of you have heard, read, or seen anything about the so-called lawsuit crisis? There's too many lawsuits, frivolous claims filed and injuries and awards, too much money? I don't want to ask your personal experience. Just raise your hand if you have ever heard, read, or seen anything about that. Has anyone on the panel had an orthoscopic or other
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