BROGDON et al v. FORD MOTOR COMPANY

Filing 328

ORDER regarding jury selection and supplemental juror questionnaire. Ordered by US DISTRICT JUDGE CLAY D LAND on 01/23/2025. (CCL)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION JAMES EDWARD BROGDON, JR., et al., Plaintiffs, * * * vs. * FORD MOTOR COMPANY, CASE NO. 4:23-CV-88 (CDL) * Defendant. * O R D E R The parties are notified that the Court intends to distribute the jointly proposed supplemental juror questionnaire (Exhibit A hereto) to prospective jurors upon their arrival on February 3, 2025. 1 The jurors, who will be assembled in the basement for check-in and completion of the questionnaires, will be transferred to the courtroom upon completion of the questionnaires. Copies of the counsel. questionnaires will be made and distributed to Because of the length of the questionnaires, only one copy will be provided to each side. After all jurors have been assembled in the courtroom, they will be shown the Federal Judicial Center video on jury service. After the video is finished, I will appear on the bench to welcome the jury and provide them with preliminary remarks. I will then proceed with determining whether anyone has a legal excuse. 1 I will conduct a very limited voir dire restricted The Court overrules the objections that Ford made to some of the questions. 1 to their connection to any of the parties, counsel or the case. We will then take an extended break to give counsel an opportunity to finish your review of the supplemental questionnaire responses. After that break, we will resume voir dire with counsel having an opportunity to question the jury as a panel and individually. Although counsel may follow up on responses to the main and supplemental questionnaires, they shall not repeat the questions in the questionnaires. When voir dire is complete, the Court will hear motions to excuse for cause. After those motions have been decided, counsel will be provided with a peremptory challenge strike list with the names of 18 potential jurors in ascending numerical order starting with the lowest number first. Counsel will silently exercise their peremptory challenges by striking through the name on the list which they wish to excuse. The list will be passed back and forth between counsel as they alternately exercise their individual peremptory challenges. strikes. Each side will have No alternates will be chosen. IT IS SO ORDERED, this 23rd day of January, 2025. S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA 2 3 EXHIBIT A JOINT SUPPLEMENTAL JUROR QUESTIONNAIRE NAME: ____________________________________________________________________ JUROR NUMBER: ________ Purpose & Instructions To more efficiently complete jury selection, the parties have jointly designed this questionnaire to better understand your background and life experiences that could impact your jury service. It is important that you answer each of the following questions honestly and to the best of your knowledge and understanding. Several of the following questions are included so that you will not be required to answer these matters in open court. Please note that if you do not answer a question on this questionnaire, then you may be asked that question during the general jury selection process. 1. Do you know or are you related to any of the following individuals? 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) James Edward Brogdon, Jr. Ronald Brian Brogdon Jason Mills Joshua Brooks Bryant Buchner Jonathan Eisenstat Brian Herbst Paul Lewis Steve Meyer Charles “BB” Barwick Max Bryant Eddie Ervin Daniel Frewell Ervin Flanders Wiley Griffin Randall James Marilyn James Lauren Brogdon Brandi Brogdon Jimmie Lee Cooper Anthony Harrison ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes 1 ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) Brian Palmer Jacob Sanchez Kristen Drexler Courtney Pollock Brett Wilkinson Trenton Russ Sydney Cochran William Ellis Carl Zaas Sal Caruso Jason Balzer Joseph Weishaar Lawrence Queener Stephen Kozak Ridha Baccouche Derrick Kuzak Harold “Gator” Bryant Colby Swicord Roger Burnett Chris Eikey Daniel Camacho Mark Fleming Harold Keyserling Mark Sochor Donald Tandy Michelle Vogler ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No If you checked yes, please write the name of each person you know from the above list and describe how you know them or your relation to them. 2 2. Have you been represented by, worked with, or been involved in a matter where a party was represented by any of the following law ?rms? 1) Butler Prather LLP 2) Page Scrantom Sprouse Tucker & Ford, P.C. 3) Bondurant Mixon & Elmore LLP 4) Thompson Hine LLP 5) Troutman Pepper Hamilton Sanders LLP 6) Huie Fernambucq & Stewart LLP 7) Watson Spence LLP 8) Thompson, Coe, Cousins, & Irons LLP ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No If you checked yes, please write the name of the law ?rm(s) explain your connection(s) to the law ?rm(s). 3. Do you know, or are you related to, or have you been represented by any of the following lawyers? 1) James Butler, Jr. 2) Ramsey Prather 3) Daniel Philyaw 4) Allison Bailey 5) LaRae Moore 6) Michael Terry 7) Frank Lowrey 8) Elizabeth Wright 9) Charles Peeler 10) Harold Melton 11) Paul Malek 12) Michael Boorman 13) Philip Henderson 14) Michael Eady ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ Yes ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No If you checked yes, please write the name of the lawyer(s) and explain your connection to the lawyer(s). 3 4. Have you or a family member ever worked for Ford Motor Company, a subsidiary of Ford Motor Company, or for a Ford dealer? YES ___ NO ___ If yes, please list (a) your relation to the person, (b) the company the person was employed by, (c) when the person was employed with that company, (d) the location where that person worked, and (d) what position(s)/job title(s) the person held. 5. Do you have any ownership interest in Ford Motor Company or do you own Ford Motor Company stock? YES ___ NO ___ 6. Are you related to anyone who has an ownership interest in or owns Ford Motor Company stock? YES ___ NO ___ 7. Have you or a family member ever worked for an automaker (a manufacturer of cars or trucks) other than Ford Motor Company, or for a subsidiary of another automaker, or for a car or truck dealer? YES ___ NO ___ If yes, please list (a) your relation to the person, (b) the company the person was employed by, (c) when the person was employed with that company, (d) the location where that person worked, and (e) what position(s)/job title(s) the person held. 4 8. Have you or a family member ever worked for a company that manufactures vehicle components or parts? YES ___ NO ___ If yes, please state (a) your relation to the person and (b) the name of the automakers or companies. 9. Have you or a family member ever worked for a vehicle dealership? YES ___ NO ___ If yes, please state (a) your relation to the person and (b) the name of the vehicle dealership(s). 10. Have you ever worked as a mechanic or for a vehicle body and repair shop? YES ___ NO ___ 11. Have you or a family member ever been in the car, truck, or vehicle business in any way, by owning or working for a used car dealer, or a mechanic or body shop, or an auto parts dealer? YES ___ NO ___ If yes, please list (a) your relation to the person, (b) the company the person was employed by, (c) when the person was employed with that company, (d) the location where that person worked, and (d) what position(s)/job title(s) the person held. 5 12. Do you work for, have an insurance policy with, have stock in, or otherwise have any ?nancial interest in any of the following: 1) Allianz Underwriters Insurance Company ____ Yes 2) Allianz Global Corporate & Specialty SE ____ Yes 3) Lloyd’s-Apollo Syndicate Management Ltd ____ Yes 4) Magna Carta Insurance Ltd. ____ Yes 5) Ascot Bermuda Ltd. ____ Yes 6) Liberty Surplus Insurance Corporation ____ Yes 7) Allied World Assurance Company (AWAC) ____ Yes 8) Arcadian Risk Capital Ltd BDA ____ Yes 9) General Security Indemnity Company of Arizona (Scor Re) ____ Yes 10) Scor Channel Limited, Lloyd’s-Helix Underwriting Partners Ltd. (Somers Re Ltd.) ____ Yes 11) Markel Bermuda Limited, Argo Re Ltd. ____ Yes 12) Vantage Risk Ltd. ____ Yes 13) Lloyd’s-MAP (Managing Agency Partners) Syndicate 2791 ____ Yes 14) XL Bermuda Ltd. (AXA) ____ Yes 15) Group Ark Insurance Ltd. ____ Yes 16) Lloyd’s-Apollo Syndicate 1969 ____ Yes 17) XL Catlin Syndicate 2003 (AXA XL) ____ Yes 18) Lloyd’s-Inigo Syndicate 1301 ____ Yes 19) QBE US Casualty Facility ____ Yes 20) Great Lakes Insurance SE (Munich Re) ____ Yes 21) Liberty Specialty Markets Bermuda ____ Yes 22) Hamilton Re, Ltd. ____ Yes 23) Convex Group ____ Yes 24) HDI Specialty Insurance Company ____ Yes 25) Canopius Syndicate 4444 ____ Yes 26) Emerald Underwriting Managers ____ Yes 27) Arch Reinsurance Ltd. ____ Yes ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No ____ No If you checked yes, please explain your affiliation for all entities to which you are connected. 6 13. Have you ever worked as a lawyer, paralegal, legal assistant, or for a law ?rm? YES ___ NO ___ If so, please state (a) the name of the law ?rm, (b) the position/job title you held, and (c) when you were employed there. 14. Are any of your family members lawyers, do they work for lawyers, do they work in the court system, or do they have regular contact with lawyers because of their work? YES ___ NO ___ If yes, please state which family members and what they do for work. 15. Have you ever worked as an engineer or for an engineering ?rm? YES ___ NO ___ If yes, please state (a) the name of the engineering ?rm, (b) what your job title was, and (c) and what kind of work you performed. 7 16. Have you ever worked for a government agency that regulates the production of vehicles or regulates the production of consumer products (i.e., National Highway Traffic Safety Administration or Consumer Product Safety Commission)? YES ___ NO ___ If yes, please state (a) the name of the agency, (b) what your job title was, and (c) and what kind of work you performed. 17. Have you ever worked for an organization that tests vehicles for safety and that sets standards for safety performance of vehicles, such as the Insurance Institute for Highway Safety? YES ___ NO ___ If yes, please state (a) the name of the organization, (b) what your job title was, and (c) what kind of work you performed. 18. Have you ever worked in a job that involved inspecting or testing products for safety? YES ___ NO ___ If yes, please state (a) the name of the company/organization, (b) what your job title was, and (c) what kind of work you performed. 8 19. Are you familiar with the minimum Federal Motor Vehicle Safety Standards? YES ___ NO ___ If yes, please explain how you became familiar with the minimum Federal Motor Vehicle Safety Standards. 20. Have you ever worked in a job that involved investigating vehicle wrecks? YES ___ NO ___ If yes, please explain where you worked and what your job was. 21. Have you ever worked in a job where you took or read x-rays, CT scans, or MRIs? YES ___ NO ___ If yes, please explain where you worked and what your job was. Continue on the next page. 9 22. Do you have any work or professional experience in any of the following areas: a. Automotive engineering or vehicle design ____ Yes ____ No b. Mechanical or biomechanical engineering ____ Yes ____ No c. Accident reconstruction ____ Yes ____ No d. Medicine (including work as a doctor, nurse, pharmacist, EMT, or ambulance driver) ____ Yes ____ No e. Autopsies or funeral/burial services ____ Yes ____ No f. Law enforcement ____ Yes ____ No g. Risk management or insurance (including work as an insurance agent or claims adjuster) ____ Yes ____ No If yes, brie?y describe your work or professional experience in these areas. 23. Do you or a family member have any experience in vehicle (car or truck) racing or collecting? YES ___ NO ___ If yes, please explain what that experience was. 24. Do you currently own, lease, or regularly drive (for personal use or for work) a vehicle? YES ___ NO ___ If yes, please state that year, make, and model of the vehicle. 10 25. Have you ever owned, leased, or regularly driven (for personal use or for work) a vehicle designed and manufactured by Ford Motor Company? YES ___ NO ___ If yes, please state the year, make, and model of the vehicle(s). 26. Do you consistently buy vehicles that are made only by one manufacturer (i.e., Ford, General Motors, Toyota, Honda, Volkswagen, BMW, etc.)? YES ___ NO ___ If so, please state the name of the vehicle manufacturer and why you consistently purchase these vehicles. 27. Have you or a family member ever been involved in a vehicle wreck where you or they required emergency medical assistance or spent time in a hospital? YES ___ NO ___ If yes, please explain what happened that required you or your family member to get emergency medical assistance or spend time in a hospital. 28. Have you ever had a family member or close friend who was killed in a vehicle (car or truck) wreck? YES ___ NO ___ If yes, please explain who was killed and how it happened. 11 29. Have you ever been seriously injured or had a family member or close friend who was seriously injured in a vehicle (car or truck) wreck? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 30. Have you, a family member, or close friend ever driven a car or truck that went off the road for any reason? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 31. Have you, a family member, or close friend ever been involved in a vehicle wreck where the vehicle went off the road? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 32. Have you, a family member, or a close friend ever been involved in a vehicle wreck where your vehicle rolled over? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 12 33. Have you ever witnessed a wreck in which a vehicle rolled over? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 34. Have you ever seen or witnessed a wreck in which the roof of a vehicle collapsed down into the passenger compartment? YES ___ NO ___ If yes, please brie?y describe who was involved and what happened. 35. Have you ever heard of a claim or contention that roof crush does not cause injuries even when a vehicle roof collapses? YES ___ NO ___ If yes, please explain how you came to hear of such a claim or contention. 36. Have you ever heard of a claim or contention that prior to a roof collapsing in a rollover wreck occupants in the vehicle dive into the roof and are injured that way, rather than by the roof collapsing? YES ___ NO ___ If yes, please explain how you came to hear of such a claim or contention. 13 37. Have you, a family member, or close friend ever been involved in a vehicle wreck where your seatbelt had to be cut off? YES ___ NO ___ If yes, please explain how that came to happen. 38. Have you, a family member, or a close friend ever tucked the shoulder/torso strap of a seatbelt under your arm or behind your back while riding in a vehicle? YES ___ NO ___ If yes, please explain who did that. 39. Have you ever been a witness in or testi?ed in a lawsuit (at a trial or given a deposition)? YES ___ NO ___ If yes, please explain (if you know) what kind of case you were a witness in and what the result of that case was. 40. Has your current or past employer ever been involved in a lawsuit and you were also involved in the lawsuit because of your job? YES ___ NO ___ If yes, please explain what your involvement was and what kind of case it was. 14 41. Have you had any experience with the legal system in another country besides the United States? YES ___ NO ___ 42. Do you have negative views about the legal system in the United States? YES ___ NO ___ If yes, please explain why. 43. Have you or a family member ever been severely injured or killed by any kind of product that was badly designed or defective and dangerous? YES ___ NO ___ If yes, please explain what the product was and whether the result was a death or an injury. 44. Do you research the safety of a car or truck before buying it by looking at information from various sources (i.e., Insurance Institute for Highway Safety, Consumer Reports, etc.)? YES ___ NO ___ If yes, please identify where you usually get such information. 15 45. Have you ever had a vehicle that you owned, leased, or regularly drove recalled due to a safety problem? YES ___ NO ___ If yes, please explain what kind of vehicle it was and what the safety problem was. 46. Have you ever owned any other kind of product that was recalled due to a safety problem? YES ___ NO ___ If yes, please explain what kind of product it was and what the safety problem was. 47. Do you consider working on vehicles, collecting vehicles, or racing vehicles to be a hobby of yours? YES ___ NO ___ If yes, please explain what you do in this hobby. 48. How often do you exercise? Never ____ Rarely ____ A couple times per month ____ 1-3 times per week ____ 3+ times per week ____ Every day ____ Other (explain): __________________________________________________________ 16 49. Have you ever had a doctor tell you that you should exercise more? YES ___ NO ___ 50. How often do you smoke or use tobacco products? Never ____ Rarely ____ Socially/on social occasions ____ A couple times per month ____ 1-3 times per week ____ 3+ times per week ____ Every day ____ Other (explain): __________________________________________________________ 51. Has a doctor ever told you to quit using tobacco products or to use tobacco products less often? YES ___ NO ___ 52. Have you or a family member ever been diagnosed with a heart condition? YES ___ NO ___ 53. Have you or a family member ever been diagnosed with a fast heartbeat or tachycardia? YES ___ NO ___ 54. Have you or a family member ever been diagnosed with hypertension (high blood pressure)? YES ___ NO ___ 55. Have you or a family member ever been diagnosed with leukemia? YES ___ NO ___ If yes, is that leukemia now in remission? YES ___ NO ___ 17 56. Have you or a family member ever been diagnosed with chronic obstructive pulmonary disease (COPD)? YES_____ NO______ 57. Have you or a family member ever been diagnosed with a condition that required the use of an inhaler, PEP device, nebulizer, portable oxygen machine, or a CPAP or BiPAP machine? YES ___ NO ___ If yes, please state (a) the relation of the person to you and (b) the name of the condition. 58. Have you unexpectedly lost a parent or family member in an accident of any kind? YES ___ NO ___ 59. More often than not, do you trust large corporations to do the right thing or the safe thing? YES ___ NO ___ 60. More often than not, do you feel that corporations put pro?ts over safety? YES ___ NO ___ 61. In your opinion, are most lawsuits frivolous in nature? YES ___ NO ___ 62. In your opinion, do you think that too many lawsuits are ?led claiming a product is defective and dangerous? YES ___ NO ___ 18 63. In your opinion, are there too many big jury verdicts in lawsuits? YES ___ NO ___ 64. Do you consider yourself opposed to the principle of trial by jury of American citizens? YES ___ NO ___ 65. Are you opposed to the idea that a jury of American citizens should decide who wins in a lawsuit? YES ___ NO ___ 66. Are you a member of any group that advocates for “tort reform” or in favor of “tort reform”? YES ___ NO ___ 67. Have you ever contributed money to a group that advocates for “tort reform” or that is in favor of limiting lawsuits? YES ___ NO ___ 68. In your opinion, should there be caps on the amount of money that can be awarded in lawsuits? YES ___ NO ___ 69. In your opinion, should someone other than jurors decide the amount of money to be awarded in a lawsuit? YES ___ NO ___ I SWEAR UNDER PENALTY OF PERJURY THAT MY ANSWERS TO THE FOREGOING QUESTIONS ARE TRUE AND CORRECT. ________________________________________________ NAME DATE 19

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?