Sibley v. Dial
315 Ga. App. 457
Ga. Ct. App.2012Background
- Sibley sued Dial for injuries from an automobile accident; Dial admitted negligence but denied Sibley’s injuries.
- Trial by Fulton County jury resulted in a verdict for Dial.
- Sibley challenged whether prospective jurors were properly qualified regarding a State Farm relationship without taking the oath.
- Before voir dire, court staff asked about State Farm relationships; those with none were instructed to report.
- Prospective jurors were sworn in the courtroom, and voir dire proceeded with counsel present; no objection was raised.
- After trial, Sibley argued juror qualification possibly violated the oath; trial court denied the motion for new trial, holding waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| waiver of objection to juror qualification | Sibley contends failure to administer oath before qualification tainted trials. | Dial asserts waiver due to lack of timely objection by Sibley. | Waived; proper judgment affirmed. |
Key Cases Cited
- Hill v. State, 268 Ga. App. 642 (Ga. App. 2004) (waiver for failure to object to juror oath)
- Dunn v. State, 308 Ga. App. 103 (Ga. App. 2011) (remedial viability when objection would be futile)
- Arp v. Payne, 230 Ga. App. 840 (Ga. App. 1998) (distinguishable on facts; related to nonparty insurer)