Torres v. First Transit, Inc., No. 18-15186 (11th Cir. 2020)Annotate this Case
After a bus owned by First Transit struck a vehicle occupied by plaintiffs, they filed a claim for damages against First Transit, alleging that the driver of First Transit's vehicle was negligent and that First Transit was responsible for the their injuries. First Transit admitted liability and the jury awarded damages to both plaintiffs.
The Eleventh Circuit vacated the district court's order denying First Transit's motion for a new trial, holding that when a party moving for a new trial based on a juror's nondisclosure during voir dire makes a prima facie showing that the juror may not have been impartial and thus was plausibly challengeable for cause, the district court must hold an evidentiary hearing prior to ruling on the motion for a new trial in order to adequately investigate the alleged juror misconduct. In this case, First Transit presented the district court with "clear, strong, substantial, and incontrovertible evidence that a specific, nonspeculative impropriety" occurred—namely, court documents that, on their face, showed that two jurors gave dishonest and misleading responses on their juror questionnaires and on voir dire. The court concluded that the district court's failure to conduct an evidentiary hearing constituted an abuse of discretion and remanded for an evidentiary hearing on the question of juror impartiality.