Case # 02 - during voir dire prejudiced their right to a...

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Case #2 Washoe Medical Center, Inc., admitted Shirley Swisher for the treatment of a fractured pelvis. During her stay, Swisher suffered a fatal fall from her hospital bed. Gerald Parodi, the administrator of her estate, and others filed an action against Washoe seeking damages for the alleged lack of care in treating Swisher. During voir dire , when the plaintiffs’ attorney returned a few minutes late from a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one of the prospective jurors, whom he had known in college, about his fitness to serve as a judge, and personally endorsed another prospective juror’s business. After the trial, the jury returned a verdict in favor of Washoe. The plaintiffs moved for a new trial, but the judge denied the motion. The plaintiffs then appealed, arguing that the tone set by the judge
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Unformatted text preview: during voir dire prejudiced their right to a fair trial. [ Parodi v. Washoe Medical Center, Inc., 111 Nev. 365, 892 P.2d 588 (1995]. HINT: Do not worry about whether the hospital was negligent. Focus on the question posed at the end of the case. [ Parodi v. Washoe Medical Center, Inc., 111 Nev. 365, 892 P.2d 588 (1995)] Issue: The motion of the lawsuit was denied. The judge was joking with one o the prospective jurors in standing ovation, which he knew in college, about his fitness to serve as a judge. The judge also personally endorsed another prospective juror’s business. Rule: Appeal of the ruling Application: The plaintiff appealed the denial of the motion, arguing that the tone set by the judge during voir dire was prejudice to their rights for a fair trial. Conclusion: Swisher does have a standing to appeal under voir dire ....
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