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)
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
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