Civil Litigation

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STEVEN GERALD DAVIS, SUNSHINE INDUSTRIES OF CORAL SPRINGS, INC. DSI TRANSPORTS, INC. and NIEVES GOMEZ v. ULYSSES COHEN and CEBRENA POITIER as co-personal representatives of the Estate of ARLETHA COGDELL WALTON and COLIN WALTON JR, as personal representati

27 Fla. L. Weekly D643 (Fla. 3d DCA Mar. 20, 2002)

After a 9 day trial, the jury returned a verdict for plaintiffs and awarded significant monetary damages. Thereafter, defendants filed motions for new trial raising various errors and, as has now become customary for the losing party in almost every case, motions to interview jurors. All motions were denied.

A post-verdict investigation by the defense revealed that Mr. Coates, the jury foreman, had not been totally forthcoming when revealing his history of litigation. In fact, he failed to identify a personal injury civil suit he had filed against Metropolitan Dade County in 1991. More disturbing was the fact that he was represented in that case by the firm representing the plaintiff in the instant case. Even more amazing, was that the defendant who Mr. Coates, the juror, had sued in his 1991 lawsuit, was represented by the very same attorney who represented the defendant in the instant case.

The defendants argued that Coats

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