Messer v. Hampden Coal Co., LLC (Signed Opinion)
Annotate this CaseBobby Messer, a lineman, came into contact with an energized electric transmission line and suffered severe injuries. Petitioners, Bobby and Amanda Messer, filed a complaint alleging that several defendants, including Hampden Coal Company, acted with deliberate intent, resulting in the injury to Bobby. Petitioners settled with or voluntarily dismissed all parties except Hampden. Before trial, Petitioners moved to strike a prospective juror for cause because he had stated opinions that potentially conflicted with those of the Petitioners' electrical engineering expert and possessed such professional education and experience in the field of electrical engineering that his presence upon the jury would have caused his opinions to unduly influence the jury's deliberations on the case's central issue. The circuit court denied the motion, and the jury returned a verdict for Hampden. The court subsequently denied Petitioners' motion for a new trial based on the court's refusal to strike the prospective juror for cause. The Supreme Court affirmed, holding that the trial court's decision to deny Petitioners' motion to excuse the potential juror for cause did not constitute an abuse of discretion, and therefore, the trial court did not err in denying Petitioners' motion for a new trial
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