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Pereda v. parajon - lawsuit Holding Trial case was reversed...

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Name: Pereda V. Parajon Citation: 957 So. 2d 1194 Florida Court of Appeal, 2007 Facts: Maria Parajon sued Diana Pereda for injuring her in a car accident. During voir dire, Lisa Berg, a prospective juror who happen to be a lawyer, did not disclose her own personal injury lawsuit to Parajon’s lawyers after they had asked her and the other panel of prospective jurors the question: “Is there anybody sitting on this panel now that ever been under the care of a physician for personal injuries, whether you had a lawsuit or not?” Ultimately, Parajon was awarded for her damages. After trial, Berg’s admitted to having settled out of court for a car accident to the judge. Parajon motion for a new trial was denied. Parajon appealed. Appellant: Parajon Appellee: Pereda Issue: Is Parajon entitled to a new trial based on Berg’s failure to disclose her own personal injury
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Unformatted text preview: lawsuit? Holding: Trial case was reversed, Judgment for the Appellant Parajon. A new trial is remanded. Reasoning: Three criteria were fulfilled, thus determining that Berg’s nondisclosure warranted a new trial: 1. Berg’s nondisclosure was material because it precluded counsel’s ability to question her about the experience in order to fairly evaluate her as a prospective juror. 2. The record shows Berg’s concealed her personal injury from counsel during question. With her being a lawyer, it’s hard to imagine that she did not think the question applied to her. 3. Other prospective jurors understood the information the counsel was asking them to disclose. Therefore, counsel made a diligent inquiry....
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