318 S.W.2d 823 | Ark. | 1958
Appellant instituted a suit for damages alleging that he was seriously injured by the action and negligence of appellee in striking him at the intersection of 10th and Broadway in Little Rock. Appellee answered, denying the allegations, alleging that any damages were caused solely and proximately by appellant’s own negligence. Unavoidable accident was further pleaded. Previous to the voir dire examination, appellant’s attorney requested in Chambers that he be permitted to ask the following questions of the jury panel during such examination.
‘ ‘ One. Have you ever been in the employ of a liability insurance company? Two. Do you own any stock in a liability insurance company at the present time? Three. Are you insured with a mutual benefit liability company where your premiums are determined upon the size of judgments given in personal injury actions for the previous year?”
The court ruled that counsel could ask the first two questions, but sustained an objection to the third. After returning to the courtroom, the court made a statement to the panel, explaining the general nature of the case, and interrogated the prospective jurors relative to their knowledge of the cause, representation by any of the attorneys, any relationship to any of the attorneys, and whether there was any reason why any juror could not try the case impartially if selected. The following colloquy then took place:
“Mr. Moody: (Counsel walks to pleading bar and turns and directs his question to counsel for the defendant sitting close by). ‘What is the name of that insurance carrier that has the coverage on your client’s automobile?’ Mr. Sharp: ‘Your Honor, I want to be heard on that. ’
Thereupon, Counsel for both parties approached the bench and an off-record discussion was had between the Court and counsel for the respective parties.
The Court: ‘Ladies and gentlemen, are any of you connected with or do yon own any stock in the Preferred Eisk Insurance Company, an Arkansas corporation, or do any of you have any close relatives that are employed by or owns stock in that company?’
Thereupon, Mr. Sharp, counsel for the defendant, returned to his seat at the counsel table and Mr. Moody, counsel for the plaintiff, approached the pleading bar and questioned the jury, as follows: * * *”
Here, appellant’s counsel interrogated the panel relative to any employment by that company at any time in the past, any representation or business dealings with appellee’s attorneys, and whether any of the prospective jurors had ever been either plaintiffs or defendants in a personal injury suit. Upon submission of the case, the jury returned a verdict for appellee. For reversal, appellant relies upon two points.
I.
The Court erred in refusing permission to plaintiff’s attorney to interrogate prospective jurors on the voir dire respecting their interest in or connection with liability insurance companies.
II.
The Court erred in refusing permission to plaintiff’s attorney to interrogate prospective jurors on voir dire as to their ownership of stock or employment with any liability insurance companies, and as to mutual benefit insurance determined by judgment given in personal injury actions for the previous year.
These will be considered together in our discussion.
The exact questions, heretofore mentioned, were approved in Dedmon v. Thalheimer,
Actually, the court’s interrogation resulted in the jury obtaining information relative to insurance which they should not have properly received, and which, under usual circumstances, could have been expected to inure to the benefit of appellant. In fact, under our holding in Delong v. Green, 229 Ark. 100, 313 S. W. 2d 370, such a statement by the court, if properly objected to by appellee, would have necessitated a reversal, had appellant obtained a judgment. At any rate, it would appear, that when the court asked these questions, counsel was apparently satisfied as far as any examination relating to insurance was concerned, for he did not even proceed to ask the two questions for which permission had already been obtained. We are persuaded that appellant’s contentions are not well taken, and that no reversible error was committed by the court.
The judgment is affirmed.
The three questions were included as one.