Levy v. Hawk's Cay, Inc.

• Decision Date: 30 May 1989
• Docket Number: 88-976,Nos. 87-2947,s. 87-2947
• Citation: Levy v. Hawk's Cay, Inc., 543 So.2d 1299, 14 Fla. L. Weekly 1320 (Fla. App. 1989)
• Parties: 14 Fla. L. Weekly 1320 Susan LEVY and Howard Levy, her husband, Appellants, v. HAWK'S CAY, INC., Hawk's Cay Investors, Ltd., Brandy Group, Inc., Brandy Marine of the Keys, Inc. and Jeffrey Sylvester, Appellees.
• Court: Florida District Court of Appeals

Page 1299

543 So.2d 1299

14 Fla. L. Weekly 1320

Susan LEVY and Howard Levy, her husband, Appellants, v.HAWK'S CAY, INC., Hawk's Cay Investors, Ltd., Brandy Group, Inc., Brandy Marine of the Keys, Inc. and Jeffrey Sylvester, Appellees.

Nos. 87-2947, 88-976.

District Court of Appeal of Florida Third District.

May 30, 1989.

Shutts & Bowen and Richard M. Leslie, Miami, for appellants.

Butler and Burnette and John W. Weihmuller and Kendall A. Almerico(Tampa), Canning & Murray and C. Robert Murray and Jocelyn Poole, Miami, for appellees.

Before NESBITT and FERGUSON, JJ., and HERBOTH S. RYDER, Associate Judge.

HERBOTH S. RYDER, Associate Judge.

The Levys appeal an adverse final judgment entered upon a jury verdict and a judgment taxing costs in their action for automobile negligence and products liability.They assert that the trial court committed prejudicial error when it failed to strike for cause three jurors who indicated during voir dire that they could not be impartial.We agree, and reverse.

The record reveals that the three jurors in question clearly indicated that they had negative attitudes toward the legal system due to previous unfavorable experiences with lawsuits filed against themselves or members of their families, and that their predispositions would result in bias.When any reasonable doubt exists as to whether a juror possesses the state of mind necessary to render an impartial verdict based solely on the evidence submitted and the law announced at trial, he should be excused.Longshore v. Fronrath Chevrolet, Inc., 527 So.2d 922(Fla. 4th DCA1988);Club West v. Tropigas of Florida, Inc., 514 So.2d 426(Fla. 3d DCA1987), review denied, 523 So.2d 579(Fla.1988).Cf.Price v. State, 538 So.2d 486(Fla. 3d DCA1989).Here, the jurors' testimony was more than sufficient to raise a reasonable doubt as to their impartiality.The trial court's failure to excuse these jurors for cause constitutes reversible error, because the Levys were...