Pereda v. parajon - lawsuit? Holding: Trial case was...

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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 Bergs nondisclosure warranted a new trial: 1. Bergs nondisclosure was material because it precluded counsels ability to question her about the experience in order to fairly evaluate her as a prospective juror. 2. The record shows Bergs concealed her personal injury from counsel during question. With her being a lawyer, its 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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This note was uploaded on 06/05/2011 for the course ACCT 323 taught by Professor Eubanks during the Spring '11 term at Athens University of Econ and Bus.

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