Is Parajon entitled to a new trial based on Bergs failure to disclose her own personal injury

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Is Parajon entitled to a new trial based on Berg’s failure to disclose her own personal injury lawsuit?

Maria Parajon sued Diana Pereda for injuring her in a car accident. During voir dire, Parajon’s lawyer asked the panel of prospective jurors these questions: “Is there anybody sitting on this panel now that has ever been under the care of a physician for personal injuries, whether you had a lawsuit or not? In other words, you may not have had any sort of lawsuit, but you slipped and fell—you had any accidents?”
Several of the prospective jurors raised their hands, allowing the lawyers to question more deeply into possible bias. However, Lisa Berg, a prospective juror who happened to be a lawyer, did not respond. Berg and others were seated as jurors, and ultimately awarded Parajon $450,000 for medical damages and pain and suffering. After the trial, questioned in court by the judge, Berg admitted that three years earlier she had been injured in a car accident, hired a lawyer to sue, and settled out of court for $4,000. Asked about the settlement, Berg replied, “I think everyone always wants more money.” Parajon moved for a new trial but the judge denied the motion. Parajon appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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