Opinion
19-CV-6814 (RA) (JLC)
09-26-2022
JANETTE E. AJASIN, Plaintiff, v. ANTONIO ORTIZ and COMMUNITY COACH Defendants.
VOIR DIRE QUESTIONNAIRE
DESCRIPTION OF THE CASE
This lawsuit arises from a motor vehicle accident that occurred on May 17, 2018 on Bruckner Boulevard at or near its intersection with Morrison Avenue, in the Bronx. At the time of the accident, Plaintiff Janette E. Ajasin was operating her own 2013 Honda CR-V and Defendant Antonio Ortiz was operating a 2008 MCI bus in the course of his employment with Defendant Community Coach, Inc. These two vehicles were involved in the accident. You will need to determine whether and if so, to what extent, the respective parties were at fault for the accident.
Plaintiff Janette E. Ajasin claims that as a result of the accident, she sustained injuries to her left wrist, left hand, and left shoulder, requiring surgical intervention to her left wrist. Defendants dispute Plaintiffs claims. You will need to determine whether Plaintiffs injuries were caused by the accident and if so, the extent to which Ms. Ajasin is entitled to recovery, if at all.
QUESTIONS FOR JURORS
Please indicate if your answer to any of the following questions is “yes” by circling the number of that question and informing the Court when asked. If your answer to a question is “no,” you need not do anything. Do not write your name or make any other marks on the questionnaire. If, when asked about a “yes” answer, you prefer not to explain your answer in open court, please say so and we will talk in a more private setting.
I. General Questions
1. Based on my summary, do you have any personal knowledge of the facts or allegations in this case?
2. Have you heard, read, or seen anything through the media, internet, or any other source about this case? If so, what, and would it prevent you from rendering a fair and impartial verdict in this case?
3. Based on what you have been told about this case so far, do you have any opinion as to whether Mr. Antonio Ortiz or Community Coach should be held liable for the allegations against them?
4. Do you have any opinions regarding the nature of the allegations that may prevent you from being a fair and impartial juror?
5. This trial is expected to last approximately four days. The jury will typically sit from 10:00 a.m. to 5:00 p.m., beginning today through the conclusion of the trial. We will not sit for trial on Friday, Do you have any physical problem, disability, medical issue, or other personal or emotional hardship that may distract you or otherwise interfere with your ability to serve on the jury in this case?
6. Do you have any difficulty reading or understanding English?
7. Do you have any difficulty with your vision or hearing that could affect your ability to serve as a juror?
8. Are you taking any medication that may prevent you from giving your full attention to the trial?
9. Is there any other reason why you may not be able to give your full attention to the trial, or serve responsibly as a juror?
II. Knowledge of the Parties, Counsel, and Court Staff
10. Do you know me, Judge Ronnie Abrams; my courtroom deputy, Allison Cavale; or my law clerk, Arianna Demas?
11. The Plaintiff in this case is Janette Ajasin. Do you or, to your knowledge, do any of your family members or close friends know Janette Ajasin or anyone close to her?
12. One of the defendants in this action is Antonio Ortiz. Do you or, to your knowledge, do any of your family members or close friends know Antonio Ortiz or anyone close to him?
13. The other defendant is Community Coach. Have you, or to your knowledge, have any of your family members or close friends ever been employed by or otherwise affiliated with Community Coach? If so, please explain.
14. Do you have any opinion about Community Coach? If so, please explain.
15. The parties in this case have been or are being represented by the following law firms and attorneys: Burns & Harris, Esqs.; Wilson, Elser, Moskowitz, Edelman & Dicker LLP; Alison Keenan; Shira Moyal, Stuart Miller, and John Hsu.
Have you or, to your knowledge, have any of your family members or close friends ever been employed by or had any relationship with any of these attorneys or their law firms? Are you familiar with any of these lawyers or the firms? If so, please explain.
16. Do you personally know any of the following individuals who may be witnesses in this matter or referenced during the trial?
(a) Dr. Gabriel Dassa
(b) Dr. Neil Roth
(c) John A. Desch, P.E.
(d) Teresa Walker
17. As you look around the room, do you recognize anyone else you know?
III. Experience with the Courts, Jury Service, and Legal Education
18. Have you ever taken legal courses of any kind? If so, please explain.
19. Have you ever served on a jury? How many times? For each case, please explain if it was a civil or criminal case, in federal or state court, and if you reached a verdict.
20. Have you or, to your knowledge, have any of your family members or close friends ever been involved in any lawsuit, either as the party filing the lawsuit, the party being sued, or as a witness? If so, please explain what kind of case it was and what the outcome was.
21. Have you, or to your knowledge, have any of your family members or close friends ever been a witness at a deposition or administrative hearing in any type of case? If so, please explain.
22. Do you have any opinions, positive or negative about lawyers, judges, or the courts, that may prevent you from being a fair and impartial juror in this case?
IV. Relevant Experience and Attitudes
23. Have you ever taken medical courses of any kind? If so, please explain.
24. Have you or, to your knowledge, have any of your family members or close friends received any health care training or ever worked in a hospital or health care facility of any type? If so, please explain.
35. Do you have any bias, sympathy, religious issue, or any other concern that may prevent you from rendering a fair and impartial verdict in this case? If you did feel some sympathy for one of the parties, would you have trouble putting aside those emotions and deciding the case solely on the facts, and on the law as I explain it to you?
36. It would be improper for you to consider any personal feelings you may have about the parties' race, religion, national origin, gender, age, sexual orientation, disability, or physical appearance. Would you have any difficulty following that instruction?
37. Do you know of any other reason that would prevent you from fairly considering the evidence in this case and reaching an impartial result? If so, please explain.
38. Aside from the questions that have already been asked, is there anything else you believe that this Court, Plaintiff, or Defendants might want to know in deciding whether you should be selected to serve as a juror in this case?
VI. Questions for Individual Jurors
1. What neighborhood do you live in? (If fewer than five years, state where else you have lived in the last five years.)
2. How far did you go in school and what did you study?
3. If you are employed, who is your employer? (If retired or unemployed, for whom did you last work?)
4. What is your job title and what are your responsibilities?
5. How long have you been employed in your current position? (If fewer than five years, where else have you worked in the last five years?)
6. Who are the members of your household and what are their occupations?
7. What is your marital status?
8. Do you have children, and, if so, how old are they? (If you have grown children, what are their occupations?)
9. Do you have a valid driver's license?
10. Do you know how to drive, and if so, how often do you drive?
11. Do you own a motor vehicle?
12. How do you get your news?
13. What, if anything, do you enjoy reading?
14. What, if any, television shows do you watch on a regular basis?
15. What, if any, talk radio programs or Podcasts do you listen to?
16. What, if any, websites or social media platforms do you use on a regular basis?
17. Are you a member of any organizations?
18. What do you like to do in your spare time?
19. Name a public person, dead or alive, other than a relative, friend, or associate, whom you admire.