Brown v. Columbus Doctors Hosp. Inc.

The trial court reversibly erred by failing to strike a prospective juror for cause, who stated that he would have a hard time being impartial, since his company had an on-going relationship with the defendant hospital, which affected his livelihood.

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Minnie Lee Brown died, and her husband and estate brought suit against Columbus Doctors Hospital, Inc. and others alleging, among other things, wrongful death caused by medical negligence. The case went to trial, and the jury returned a verdict in favor of all defendants. Brown’s husband and estate appeal on the sole ground that the trial court erred by failing to strike a juror for cause. The goal of the jury selection process is to ensure the selection of a fair and impartial jury: “The broad general principle intended to be applied in every case is that each juror shall be so free from either prejudice or bias as to guarantee the inviolability of an impartial trial. . . . If error is to be committed, let it be in favor of the absolute impartiality and purity of the jurors.” Cambron v. State, 164 Ga. 111, 113-114 137 SE 780 1927. And trial judges have the duty and broad discretion to ensure it is so: “Trial courts have broad discretion to evaluate and rule upon a potential juror’s impartiality, based upon ‘the ordinary general rules of human experience,’ cit., and a trial court may only be reversed upon a finding of ‘manifest abuse’ of that discretion. Cit.” Kim v. Walls , 275 Ga. 177, 178 563 SE2d 847 2002.

Artie Lewis Brown, the decedent’s husband, together with Joseph Brown, the administrator of her estate, hereinafter “Brown” contend that Ron Collier, prospective juror 24, demonstrated that he was not qualified to serve as a fair and impartial member of the jury because 1 he held opinions that were so fixed and definite that they would not be changed by evidence or the charge of the court and 2 he had a financial and working relationship with defendant Doctors Hospital.

Brown v. Columbus Doctors Hosp. Inc.

The trial court reversibly erred by failing to strike a prospective juror for cause, who stated that he would have a hard time being impartial, since his company had an on-going relationship with the defendant hospital, which affected his livelihood.

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