Minnis v. Jackson, No. 75--999

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation330 So.2d 847
PartiesHarold Connor MINNIS and Dade County, a political subdivision of the State of Florida, Appellants, v. Minnie JACKSON, Appellee.
Docket NumberNo. 75--999
Decision Date13 April 1976

Page 847

330 So.2d 847
Harold Connor MINNIS and Dade County, a political subdivision of the State of Florida, Appellants,
v.
Minnie JACKSON, Appellee.
No. 75--999.
District Court of Appeal of Florida, Third District.
April 13, 1976.
Rehearing Denied May 12, 1976.

Sam Daniels, John E. Finney, Miami, for appellants.

Horton, Perse & Ginsberg, George P. Telepas, Miami, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Defendants Harold Minnis and Dade County appeal a $45,000 final judgment for the plaintiff entered pursuant a jury verdict. $Plaintiff, Minnie Jackson, was injured while riding as a passenger on a County MTA bus. She filed the instant suit for damages against defendants Dade County and the bus driver, Harold Minnis, and the County admitted liability. A trial was held on the issue of damages and the jury returned a verdict for $45,000. After entry of final judgment, defense counsel discovered that the jury foreman, Daniel Medvin, had given false answers during voir dire

Page 848

examination, i.e. upon being asked whether any members of his family had been in an accident where they had been injured, Medvin replied in the negative when, in fact, his daughter had been injured in a county bus a year before. Although no legal action had been instituted, a claim had been filed with the county. Defense counsel moved for a new trial on this ground. A rule to show cause was issued and a hearing was held at which the jurors were questioned by counsel and the trial judge. Medvin denied that his fairness as a juror had been affected or that he had played an active role in the jury discussions leading to a verdict. The other remaining jurors were questioned and the fact was brought out that Medvin recommended that the verdict be high enough to allow the plaintiff to pay her attorney. The trial judge denied the motion for new trial and this appeal ensued. We reverse.

The well established rule is that the failure of a juror to honestly answer material questions propounded to him on voir dire examination constitutes bad faith requiring his disqualification from serving on the jury in the case. Seay v. State, 139 Fla. 433, 190 So. 702 (1939). Further, the right of counsel to challenge a juror for cause or peremptorily being indispensible to the successful operation of our jury system, the right of fair trial by an impartial jury is destroyed when the right to make an intelligent judgment as to whether a juror should be...

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15 practice notes
  • Eastern Air Lines, Inc. v. Gellert, No. 80-2376
    • United States
    • Court of Appeal of Florida (US)
    • October 4, 1983
    ...to him by law, see Loftin v. Wilson, 67 So.2d 185 (Fla.1953); Ritter v. Jimenez, 343 So.2d 659 (Fla. 3d DCA 1977); Minnis v. Jackson, 330 So.2d 847 (Fla. 3d DCA 1976); Saborit v. Deliford, 312 So.2d 795 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 32 (Fla.1976); Ellison v. Cribb, 271 So.2d 1......
  • NICHOLAS v. State of Fla., No. 2D07-5400.
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2010
    ...who made only partial disclosure about her arrest record during voir dire because that information was material); Minnis v. Jackson, 330 So.2d 847, 848 (Fla. 3d DCA 1976) (“The well established rule is that the failure of a juror to honestly answer material questions propounded to him on vo......
  • Nicholas v. State Of Fla., No. 2D07-5400
    • United States
    • Court of Appeal of Florida (US)
    • July 28, 2010
    ...who made only partial disclosure about her arrest record during voir dire because that information was material); Minnis v. Jackson, 330 So. 2d 847, 848 (Fla. 3d DCA 1976) ("The well established rule is that the failure of a juror to honestly answer material questions propounded to him on v......
  • R.J. Reynolds Tobacco Co. v. Allen, CASE NO. 1D15–4197
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2017
    ...any material matter." Roberts, 814 So.2d at 342 (quoting Loftin v. Wilson, 67 So.2d 185, 192 (Fla. 1953) ). See also Minnis v. Jackson, 330 So.2d 847, 848 (Fla. 3d DCA 1976) ("The well established rule is that the failure of a juror to honestly answer material questions propounded to him on......
  • Request a trial to view additional results
15 cases
  • Eastern Air Lines, Inc. v. Gellert, No. 80-2376
    • United States
    • Court of Appeal of Florida (US)
    • October 4, 1983
    ...to him by law, see Loftin v. Wilson, 67 So.2d 185 (Fla.1953); Ritter v. Jimenez, 343 So.2d 659 (Fla. 3d DCA 1977); Minnis v. Jackson, 330 So.2d 847 (Fla. 3d DCA 1976); Saborit v. Deliford, 312 So.2d 795 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 32 (Fla.1976); Ellison v. Cribb, 271 So.2d 1......
  • NICHOLAS v. State of Fla., No. 2D07-5400.
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2010
    ...who made only partial disclosure about her arrest record during voir dire because that information was material); Minnis v. Jackson, 330 So.2d 847, 848 (Fla. 3d DCA 1976) (“The well established rule is that the failure of a juror to honestly answer material questions propounded to him on vo......
  • Nicholas v. State Of Fla., No. 2D07-5400
    • United States
    • Court of Appeal of Florida (US)
    • July 28, 2010
    ...who made only partial disclosure about her arrest record during voir dire because that information was material); Minnis v. Jackson, 330 So. 2d 847, 848 (Fla. 3d DCA 1976) ("The well established rule is that the failure of a juror to honestly answer material questions propounded to him on v......
  • R.J. Reynolds Tobacco Co. v. Allen, CASE NO. 1D15–4197
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2017
    ...any material matter." Roberts, 814 So.2d at 342 (quoting Loftin v. Wilson, 67 So.2d 185, 192 (Fla. 1953) ). See also Minnis v. Jackson, 330 So.2d 847, 848 (Fla. 3d DCA 1976) ("The well established rule is that the failure of a juror to honestly answer material questions propounded to him on......
  • Request a trial to view additional results

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