352 S.W.3d 864
Tex. App.2011Background
- Tina Deese filed a workers’ compensation claim against her employer’s insurer, CSI, which contested the claim.
- TWCC found Deese suffered a compensable injury and was disabled, and ordered CSI to pay medical and income benefits.
- CSI unsuccessfully appealed to a TWCC appeals panel before the case went to judicial review.
- A jury trial resulted in a verdict in favor of CSI, the insurer.
- Deese moved for mistrial after a juror panel issue was noted; the court denied the motion.
- Deese also moved for a new trial, which the trial court denied; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying mistrial | Deese argues denial violated Rule 234 and right to a properly constituted jury | CSI contends no abuse; issue did not derail impartial jury | No abuse; mistrial denial upheld |
Key Cases Cited
- Wells v. Barrow, 153 S.W.3d 514 (Tex.App.-Amarillo 2004, no pet.) (jury selection not limited to particular individuals; substantial compliance)
- In re J.A., 109 S.W.3d 869 (Tex.App.-Dallas 2003, pet. denied) (abuse of discretion standard for mistrial rulings)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex.1985) (abuse-of-discretion standard and guiding principles)