Mikhail GOLDENBERG and Irena Goldenberg, Appellants,
v.
REGIONAL IMPORT AND EXPORT TRUCKING CO., INC., a New Jersey corporation, Karen Geiger, an individual, Jack Trammell, an individual, d/b/a University at Sunrise Exxon and Brian Kolb, an individual, Appellees.
District Court of Appeal of Florida, Fourth District.
*762 Dan Cytryn of Law Offices of Dan Cytryn, P.A., Tamarac, for appellants.
Steven B. Sundook of Peters, Robertson, Lax, Parson, Welcher, Mowers & Passaro, P.A., Fort Myers, for Appellees-Regional Import and Karen Geiger.
Christopher Lynch of Angone, Hunter, McClure, Lunch & Williams, P.A., Miami, for Appellees-Trammell and Kolb.
Rehearing, Rehearing En Banc, and Clarification Denied June 11, 1996.
PARIENTE, Judge.
Appellants, Mikhail Goldenberg and Irena Goldenberg (plaintiffs), appeal from a jury verdict in a personal injury action which awarded Mikhail Goldenberg his рast and future medical bills, but did not include any intangible damages. We reverse for a new trial because the trial court failed to excuse a juror for cause who had expressed definite biases and prejudices against the particular type of personal injury lawsuit brought by plaintiffs based on her own рersonal experiences.
*763 Plaintiffs challenged juror Pomerleau for cause. During voir dire examination, this juror had explained that her father was аn orthopedic surgeon, Dr. Ian Murphy, who had thus been involved in a lot of accident cases and had been sued for medical malpractice "mаny times." She also related a personal experience involving her father who had been sued for a car accident by a man who was "fine" until he found out that her father was a doctor. Juror Pomerleau stated that she has learned that "some people are dishonest." It is against this backdrоp that the following exchanges have particular meaning:
PLAINTIFFS' COUNSEL: If Mr. Goldenberg is seeking to collect money for pain and suffering and seeking to get monеtary compensation for that, is that kind of maybe not really what you feel is the truth, if somebody doesn't have a substantial injury?
JUROR POMERLEAU: I don't believe that's true. That's my opiniоn.
PLAINTIFFS' COUNSEL: I asked
JUROR POMERLEAU: Not always. I know different people that have had little incidents and they have sued and they get all kind of monies and I feel that that's dishonest. That's my opinion I feel that's wrong.
PLAINTIFFS' COUNSEL: If we have the same type of circumstances in this case where it's not a substantial injury, would it be fair to say that you would have a little difficulty bеing fair and impartial?
JUROR POMERLEAU: I would feel that they are being dishonest.
(Emphasis supplied). The trial court then interjected the following:
THE COURT: The question is, could she [juror Pomеrleau] be fair and reasonable under the circumstances? If it's a minor injury, could you be fair and reasonable under the circumstances and if it's a majоr injury, could you be fair and reasonable under the circumstances?
JUROR POMERLEAU: I am a fair person.
With this response, the trial court then allowed plaintiffs' counsel to continue with his questioning:
PLAINTIFFS' COUNSEL: [T]his isn't a major injury case. It's a smaller injury case. So in light of those circumstances, would we have to overcome a burden and not be starting off even with the defense?
JUROR POMERLEAU: If I heard the facts I could, I might make a decision that I would think it's unfair to start suing somebody if it wasn't really bad damages, because I feel that that's being dishоnest.
PLAINTIFFS' COUNSEL: If that's the case, then you would have a little difficulty in being impartial in this case?
JUROR POMERLEAU: Because I would feel in my mind that they were being dishonest.
PLAINTIFFS' COUNSEL: Is that a yes?
JUROR POMERLEAU: Yes.
(Emphasis supplied).
"[I]mpartiality of the findеrs of fact is an absolute prerequisite to our system of justice." Williams v. State,
In this case, juror Pomerleau expressed а definite bias against individuals with relatively minor injuries who seek damages for pain and suffering. She freely volunteered the opinion that people with minor injuriеs who sued for pain and suffering were often being dishonest. Even in response to a direct question from the trial court as to whether she could be fair and rеasonable under the circumstances, whether the injury suffered was major or minor, juror Pomerleau stated only that she was "a fair person." *764 Thus, juror Pomerlеau never indicated she could be fair and impartial.
Defendants rely on Fazzolari v. City of West Palm Beach,
Despite defendants' reliance on Fazzolari, this case is distinguishable. In Fazzolari, the jurors expressed general abstract negative feelings regarding personal injury lawsuits. Their feelings were not based upon any personal experience. In this case, however, similar to Levy and unlike Fazzolari, juror Pomerleau expressed negative feelings as to the particular type of personal injury lawsuit brought by plaintiffsactions for pain and suffering where there was a rеlatively minor injury and lost wages and medical bills had been paid. Moreover, her feelings were based in part upon her account of her father's еxperiences as a doctor who was also a defendant in civil litigation.
Unlike the jurors in Fazzolari, this juror was not arguably rehabilitated in subsequent questioning and she never even indicated she could be fair and impartial in this caseshe stated only that she was a fair person. It is only human nature to think of oneself as fair-minded; such a statement is meaningless against a backdrop of clearly and strongly expressed negative opinions about individuals seeking damages for relatively minоr injuries. As succinctly stated in Singer v. State,
Juror Pomerleau may indeed hаve been a fair person in the abstract, but her statement that she was a "fair person" is far from an unequivocal statement of her ability to be fair аnd impartial in this caseespecially in light of her previous strongly-expressed opinions. See Montozzi,
Close cases involving challenges to the impartiality оf potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to impartiality. See Williams; Montozzi; Longshore; Sydleman v. Benson,
Because we reverse on this ground, we do not address the other issues raised by plaintiffs on appeal except to state that the trial court did not abuse its discretion in limiting the cross-examination of the defense doctor because permanency was uncontested. Cf. Secada v. Weinstein,
REVERSED and REMANDED.
KLEIN and GROSS, JJ., concur.
