Powell v. Allstate

652 So. 2d 354 (1995)

The racist jury case.

Facts:

• 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

Issue:

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

Holding:

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

Rule:

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

Reasoning:

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