Appellant, who was injured in an automobile accident, challenges a verdict and subsequent judgment in favor of appellees, contending the court erred in denying a cause challenge to a juror and made several evidentiary errors in preventing appellant’s experts from giving opinions on causation and the existence of injury. We hold that the court did nor err in any of its rulings and affirm.
Appellant, Kathi Stockwell, was a passenger in a vehicle, which collided with another car that was operated by appellee Drake, and rented from appellee Avis. As a result of the collision, she was struck in the head by luggage that was thrown forward. Stockwell claimed that she suffered a brain injury as a result.
During voir dire, Stockwell’s counsel told the jury that Stockwell would not be present during the entire trial. She would only appear at the beginning of the trial and then return to testify. The attorney explained that there was damage testimony that he thought was better discussed outside of her presence. Noting that the jpry would be present the entire time, the attorney asked if any prospective juror believed that Stockwell should be required to be in court the entire time. A couple of jurors believed that she should be present unless there was a medical explanation as to why she could not sit through the entire trial. During jury selection, Stockwell moved to excuse one of these jurors for cause, which the trial court denied, concluding that the belief that she should be present did not constitute cause for removal of a juror. The court said, “I think that if somebody doesn’t want to show up and be present during the trial and there’s no
A trial court has considerable discretion when determining whether to grant a juror challenge for cause, which will not be reversed “absent manifest error.” Ault v. State,
Here, the juror said that he would draw an unfavorable inference if Stockwell did not attend the trial without a satisfactory explanation that her condition prevented her from attending. We agree with the trial court that this does not constitute bias or prejudice of the type to warrant striking the juror for cause.
In her next issue, Stockwell claims the trial court erred in refusing to permit her biomechanical engineer from testifying that her brain injury was more likely than not caused by the accident, within a reasonable degree of engineering certainty. The trial court relied on Mattek v. White,
Stockwell relies on Zane v. Coastal Unilube, Inc.,
As important to our affirmance of the exclusion of the biomechanical engineer’s testimony is the trial court’s rejection of the scientific basis of the testimony proffered. Whether or not in some circumstances a biomechanical engineer might be qualified to render an opinion on the fact of injury or lack thereof, in this case the scientific basis for the expressed opinion was rejected. Stockwell has not offered anything to rebut the trial court’s ruling on the specific scientific basis for the expert’s testimony in this case.
We affirm on all issues.
