MARK WALDORF v. EDWARD J. SHUTA; CAROLYN WOOD; KENNETH C. SPENCE, JR; MARK KAY SPENCE; THE BOROUGH OF KENILWORTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; JOSEPH REGO; HENRY J. MOLL; VICTOR SMITH; LAWRENCE STICKLE; CHARLES DAVID; JOSEPH VENTRE; THOMAS NEVILLE; WILLIAM J. AHERN; WILLIAM E. CONRAD; LIVIO MANCINO; GARY ROWINSKY; MARIO DIBELLA; VINCENT SCORESE; HARRY GRAPENTHIN; MARY KELLY; RICHARD MCCORMACK; WILLIAM HOLT; A. ZELENIAK; RICHARD LOMAX; C. WILLIAM GUTEKUNST; FREDERICK BAILEY; MICHAEL PADULA; CHARLES SCHEUERMAN; FRED SUES; JOSEPH WALYUF; THOMAS MCHALE; PHILIP ERNST; FRANK J. MASCARO; WALTER E. BORICHT, JR.; ALBERT SIMMENROTH; JAMES E. O'BRIEN; FRANK J. JOHDOF; MICHAEL BURY; PETER S. PATUTO; RAYMOND BLYDENBURGH; EDWARD KASBARIAN; JOHN J. O'LOCK; EDMAC ENTERPRISES; EDWARD MCDERMOTT Borough of Kenilworth, Appellant, 3 F.3d 705

Summary

Defendants, municipality and allegedly negligent drivers, were sued by plaintiff, a motor vehicle accident victim, after plaintiff was rendered a quadriplegic. On the last day of trial, defendant municipality moved for mistrial, citing television news reports and newspaper articles from the previous day discussing a multimillion dollar verdict awarded to another quadriplegic, with detail on how the quadriplegic's condition affected his quality of life. Federal district court denied the motion after questioning the jurors and receiving their assurance of continued impartiality. Defendants appealed. Federal appellate court reversed, finding that district court's voir dire was inadequate. While the court noted that district court's have great discretion in conducting voir dire on the issue of juror impartiality, court's failure to conduct a searching inquiry of objective indicia of partiality, coupled with its failure to individually voir dire all eight jurors who had been exposed to the ...