MORDECAI Et Al. v. CAIN
790 S.E.2d 539
Ga. Ct. App.2016Background
- Barbara Mordecai sued Michael Cain for a head-on collision; State Farm (her UM carrier) elected to defend Cain. A Cobb County jury returned a plaintiff's verdict and Mordecai appealed.
- Before trial, parties submitted a pretrial order: Mordecai requested in-court voir dire qualification as to State Farm; Cain/State Farm sought to limit insurance questioning to the jury assembly room.
- The jury administrator asked prospective jurors in the assembly room whether they were officers, employees, stockholders, agents, directors, or policyholders of State Farm; those who answered yes were excluded before the panel came to the courtroom.
- In the courtroom the judge did not ask the panel about State Farm; Mordecai renewed her request to have that qualification done in open court and the trial court denied it, then empaneled the jury.
- Mordecai also sought to admit a certified bond forfeiture (as proof Cain pled guilty to driving on the wrong side); Cain had stipulated negligence before trial and initially testified he did not recall the crash but later admitted crossing the center line after a bench conference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prospective jurors must be qualified in open court as to a nonparty insurer with a financial interest when requested | Mordecai: She requested in-court voir dire about State Farm and counsel must be allowed to examine jurors in open court. | Cain: Prequalification in the jury assembly room by court staff satisfies the requirement; trial judge has discretion as to when/where to qualify. | Court reversed: when requested, qualification about an insurer must be done in open court during voir dire; prequalification by staff does not substitute. |
| Whether failing to renew an objection after the jury is seated waived the right to challenge improper juror qualification | Mordecai: Her pretrial request and mid-trial renewal preserved the issue; no further renewal required after the court denied the request and empaneled the jury. | Cain: By seating the jury and proceeding, Mordecai waived the objection. | Court held preserved: the pretrial request and in-trial renewal before empaneling sufficiently preserved the claim; no waiver. |
| Admissibility of Cain’s bond forfeiture (guilty plea evidence) to impeach his testimony | Mordecai: The bond forfeiture would impeach Cain’s initial claim of non-recollection and show he admitted driving on the wrong side. | Cain: He stipulated negligence; the timing/admission was irrelevant and cumulative. | Court held trial court did not abuse discretion excluding the bond forfeiture as cumulative of Cain’s stipulation and his in-court admission. |
| Whether the court improperly compelled defense counsel to instruct Cain to change testimony | Mordecai: Court pressured counsel to have Cain recant or else allow the bond evidence. | Cain: The court merely warned it might revisit its limine ruling and gave counsel an opportunity to confer with client. | Court held no error: the record shows the court cautioned and permitted consultation; it did not improperly direct counsel to change testimony. |
Key Cases Cited
- Ford Motor Co. v. Conley, 294 Ga. 530 (Ga. 2014) (establishes right to jury qualification as to insurers and presumption of prejudice if not done)
- Atlanta Coach Co. v. Cobb, 178 Ga. 544 (Ga. 1934) (seminal precedent requiring open-court juror qualification on parties/insurers)
- Lewis v. Emory Univ., 235 Ga. App. 811 (Ga. Ct. App. 1998) (qualification must occur before striking the jury; parties entitled to panel from which to select)
- Patterson v. Lauderback, 211 Ga. App. 891 (Ga. Ct. App. 1994) (discusses use of juror questionnaires and prequalification as a practical concern)
- Mitchell v. Gay, 111 Ga. App. 867 (Ga. Ct. App. 1965) (exclusion of evidence is not reversible when the fact is admitted or established by other evidence)