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Evidence Keyed to Park
Warger v. Shauers
Citation:
135 S.Ct. 521 (2014)Facts
Petitioner Gregory Warger was riding his motorcycle on a highway outside Rapid City, South Dakota, when a truck driven by respondent Randy Shauers struck him from behind. Warger sued Shauers for negligence in federal district court. During jury selection, counsel for both parties conducted voir dire of the prospective jurors. Warger’s counsel asked whether any juror would be unable to award damages for pain and suffering or for future medical expenses. Prospective juror Regina Whipple, who was later selected as the jury foreperson, answered no. Relying on one jury’s affidavit that expressed concern over juror Whipple’s conduct, Warger moved for a new trial. He contended that Whipple had deliberately lied during voir dire about her impartiality and ability to award damages.
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