Powell v. Allstate

652 So. 2d 354 (1995)

The racist jury case.


  • Car accident case
  • ¶ sues own insurance carrier
  • ¶s are African Americans

Procedural History:

  • Jury finds for r,
  • After case was over juror calls judge and attorneys to let them know about racist remarks made in jury room


Whether to grant a new trial and inquiry is allowed if there is a question of racist remarks during jury deliberations.


A new trial should be granted when racist statements are explicitly made in the jury room.


Overt bias during jury deliberation is grounds for a new trial.


Don’t want to have to retry cases every time a juror thinks he/she does not agree with the verdict.