Khoury v. SeastrandAnnotate this Case
Plaintiff brought a personal injury action against Defendant for injuries she received during an accident. After a trial, the jury returned a verdict in the amount of $719,776. Defendant appealed, arguing that the district court abused its discretion by, inter alia, denying his motion for a mistrial due to jury indoctrination, dismissing jurors for cause that displayed concerns about their ability to award large verdicts, excluding evidence of Plaintiff’s medical liens, and awarding costs to Plaintiff. The Supreme Court reversed the district court’s decision as to the award of expert witness fees and otherwise affirmed, holding (1) Plaintiff’s questioning of the jurors during voir dire did not reach the level of indoctrination; (2) the district court erred by dismissing for cause five jurors, but the error was harmless; (3) the district court abused its discretion by excluding evidence of the medical lien’s existence to prove bias in Plaintiff’s medical providers, but the error was harmless; and (4) the district court abused its discretion by awarding Plaintiff expert witness fees in excess of $1,500 per expert because it did not state a basis for its award.