Voir Dire in Trucking/Auto
Accident Cases - Nov. 1, 2013
Robert B. Hirschhorn, Esq.
Jury and Trial Consultant
Cathy Bennett & Associates
5+ Tips to Motivate Lips
1
OBJECTIVES OF VOIR DIRE
• Identify potentially unfavorable jurors
• Have the jurors admit to a leaning or prejudgment, what the
law calls a “bias or prejudice”
But See,
Compton v. Henrie, 364 SW2d 179 (Tx.1963)
Cortez v. HCCI , 159 SW 3d 87 (Tex. 2005)
Hyundai Motor Co. v. Vasquez, 189 SW3d 743 (Tex. 2006)
In Re Hill, 334 SW 3d 226 (Tex. 2011)
BNSF v. Wipff, __SW3d __, (decided 8/8/13, Ft. Worth Court of Appeals) [shuffle]
KJ v. USA Water Polo, 383 SW3d 593 (14th Dist. App. 2012)
• Lock the jurors into the “Cortez” Coffin
• Learn what feelings or opinions the remaining jurors have
about the key issues in your case
• Have more jurors excused for Cause
• Intelligently exercise peremptory strikes
• End up with a favorable jury
• Obtain GREAT verdicts (and be the Appellee)
Inside the Courtroom
3
4
10 TIPS TO MOTIVATE LIPS
1. SHORT QUESTIONNAIRES ARE
ACCEPTED AND USED BY MANY
STATE COURT JUDGES
5
10 TIPS TO MOTIVATE LIPS
1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS
2. SELF DISCLOSURE
6
10 TIPS TO MOTIVATE LIPS
1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS
2. SELF DISCLOSURE
3. DON’T BE JUDGMENTAL AND
JURORS WILL ADMIT THEIR BIAS
7
VOIR DIRE
TWO TYPES OF BIAS:
•UPBRINGING
•LIFE EXPERIENCE
8
A “FAIR AND IMPARTIAL” JURY
9
10 TIPS TO MOTIVATE LIPS
1 SHORT QUESTIONNAIRESARE USED IN MANY COURTS
2. SELF DISCLOSURE
3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS
4. THREE TYPES OF QUESTIONS –
CLOSED-ENDED, OPEN-ENDED
AND SCALED
10
CLOSED-ENDED QUESTION
Does anyone on the jury panel have
such strong feelings about truck
drivers or trucking companies that
it would affect your ability to be a
fair and impartial juror?
11
OPEN-ENDED QUESTION
What was your feelings or opinions
about truck drivers or trucking
companies?
12
SCALED QUESTION (Elimination)
How strongly do you agree or disagree with the following statement:
In a case involving an accident with a
18 Wheeler, I would start the trial
favoring the plaintiff (the party who is
suing).
0
1
Strongly Agree
2
3
4
5
Neutral
6
7
8
9
10
Strongly Disagree
13
SCALED QUESTION (Elimination)
What number best describes your feelings
or opinions about truck drivers:
0
Very
Negative
1
2
3
4
5
Neutral
6
7
8
9
10
Very
Positive
14
SCALED QUESTION (Education)
How strongly do you agree or disagree with the following statement:
In a case involving injuries caused by
a trucking accident, I would start the
trial completely neutral and would
favor neither side.
0
1
Strongly Disagree
2
3
4
5
Neutral
6
7
8
9
10
Strongly Agree
15
BURDEN OF PROOF NOT MET
(Education)
How strongly do you agree or disagree with the following statement:
If at the end of the trial, I believed that
the plaintiff proved their case by a
preponderance of the evidence, my
verdict would be for the plaintiff.
0
1
2
Strongly Disagree
3
4
5
Neutral
6
7
8
9
10
Strongly Agree
16
10 TIPS TO MOTIVATE LIPS
1
2.
3.
4.
SHORT QUESTIONNAIRESARE USED IN MANY COURTS
SELF DISCLOSURE
DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS
THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED
4a.
TRACKING CHART
17
SCALED QUESTION CHART
#
SCALED QUESTION
#
A
TRUCK DRIVERS
D
B
NEUTRAL
E
C
DAMAGES
F
#
T #
B C
A
1.
6
5
6
17
11.
2.
3
3
3
9
12.
3.
1
0
1
2
13.
4.
2
2
10
14
14.
5.
10
6
2
18
15.
6.
5
5
5
15
16.
19
17.
7.
9
9
1
SCALED QUESTION
A
B
C
T
18
10 TIPS TO MOTIVATE LIPS
1.
2.
3.
4.
SHORT QUESTIONNAIRESARE USED IN MANY COURTS
SELF DISCLOSURE
DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS
THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED
5. LISTENING IS AN ACTIVE SKILL
19
10 TIPS TO MOTIVATE LIPS
1.
2.
3.
4.
5.
SHORT QUESTIONNAIRESARE USED IN MANY COURTS
SELF DISCLOSURE
DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS
THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED
LISTENING IS AN ACTIVE SKILL
5A. BELIEVE IN YOUR CASE,
BELIEVE IN YOUR JURY AND
BELIEVE YOUR FAMILY
20
5+ TIPS TO MOTIVATE LIPS
CONTACT INFORMATION
CATHY BENNETT & ASSOCIATES
217 S. STEMMONS, SUITE 203
LEWISVILLE, TX. 75067
(972) 434 – 5879
WEB PAGE – www.cebjury.com
E-MAIL - rbh@cebjury.com
Request Materials – robin@cebjury.com
21