Opinion
21 Civ. 494 (JPC)
12-29-2022
EDWARD HERTING, Plaintiff, v. LONG ISLAND RAILROAD COMPANY, Defendant.
VOIR DIRE FORM
JOHN P. CRONAN, United States District Judge.
Parties' Joint Statement of the Case
This is an action for personal injuries brought pursuant to a federal statute known as the Federal Employers' Liability Act. This statute allows railroad workers, such as the plaintiff, Edward Herting, to bring a lawsuit against his employer, in this case, the Long Island Railroad Company, which is the defendant. Mr. Herting claims that, on March 9, 2018, he was injured from an accident that resulted from the negligence of the Long Island Railroad Company. The Long Island Railroad Company has denied that it was negligent in causing the accident and any injuries suffered by Mr. Herting.
Questions for Potential Jurors
Please indicate if your answer to any of the following questions is “yes.” If you would prefer not to give your answer in open court, please say so.
Part I:
1. Do you have any personal knowledge of the allegations as I have described them to you?
2. Have you seen or read anything about this case?
3. Is there anything about the nature of this case that would cause you to be unable to render a fair and impartial verdict?
4. I am now going to introduce you to the parties and their lawyers. As you've already heard, the plaintiff in this case is Edward Herting. I ask Mr. Herting to please stand and face the prospective jurors. Do you, or to your knowledge does a family member or close friend, know Mr. Herting or anyone close to him?
5. Mr. Herting is represented by attorneys Sean Constable and Marc Wietzke of the law firm, Flynn & Wietzke, P.C. I ask Mr. Constable and Mr. Wietzke to please stand and face the prospective jurors. Have you, or to your knowledge has a family member or close friend, ever had any dealings with or met Mr. Constable, Mr. Wietzke, or anyone at their law firm?
6. The defendant in this action is the Long Island Railroad Company, often called the LIRR. Have you, or to your knowledge has a family member or a close friend, ever been employed or otherwise affiliated with the LIRR?
7. The defendant is represented by attorney Christopher Pogan. I ask Mr. Pogan to please stand and face the prospective jurors. Have you, or to your knowledge has a family member or close friend, ever had any dealings with or met Mr. Pogan?
8. During this trial, I will be assisted by members of the Court's staff, including Meghan Henrich who is the Courtroom Deputy, and my law clerks, Sam Givertz, Connor Clerkin, and Jonathan Sarnoff. I ask those individuals to please stand and face the prospective jurors. Do you, or to your knowledge does any family member or close friend, know Ms. Henrich, Mr. Givertz, Mr. Clerkin, Dr. Sarnoff, or me?
9. I am now going to read a list of people who may be mentioned during the trial or who may be called as witnesses in the case.
a. Edward Herting
b. Donna Herting
c. Mike Sullivan
d. George Rigalos
e. Jeffrey Schaffer
f. Brian Oshefsky
g. Dr. Steven Unger
h. Dr. Thomas Dowling
i. Dr. Michael Ciminello
j. Dr. Alfred Belding
k. Jessica Tombline, PA
l. Raymond A. Shebairo, MD
m. Dr. Wei Shen
Do you, or to your knowledge does any family member or close friend, know any of these individuals?
10. As you look around the room, do you see anyone you know?
11. Are you familiar with the Hillside Support Facility of the Long Island Railroad Company?
12. The plaintiff is a member of a labor union. Do you have any beliefs or opinions concerning labor unions or their members that would prevent you from rendering a fair and impartial verdict in this case?
13. Have you, or to your knowledge has a relative or close friend, ever worked for a railroad company?
14. Do you have any opinion about the LIRR, either favorable or negative, that may prevent you from rendering a fair and impartial verdict in this case?
15. Have you ever had a particularly notable experience-either favorable or negative- while riding an LIRR train that may prevent you from rendering a fair and impartial verdict in this case?
16. Have you, or to your knowledge has a relative or close friend, ever been injured while aboard a train or while on railroad property?
17. The function of the jury is to decide questions of fact. However, when it comes to the law, you must listen to my instructions and accept and apply the law as I explain it. Do you have any hesitation or unwillingness to apply the law as I explain it even if you disagree with it?
18. This means that you may not substitute my instructions on the law for your own notions of what the law is or what you think it should be. Would you have any difficulty following this instruction?
19. You may hear testimony in this case from expert witnesses. I will instruct you that an expert's testimony is not entitled to any greater or lesser weight than the testimony of any other witness. Would you have any difficulty following that instruction?
20. Do you have any bias, sympathy, religious beliefs, or any other concern that may prevent you from rendering a fair and impartial verdict in this case?
21. If you feel sympathy for one of the parties, would you have trouble putting aside your emotions and deciding the case solely on the facts and on the law, as I explain the law to you?
22. Have you ever studied or practiced law or worked in any capacity for a law office?
23. Do you have any opinions, positive or negative, about lawyers, judges, or the courts that may prevent you from rendering a fair and impartial verdict in this case?
24. Have you ever taken a medical course of any kind?
25. Have you, or to your knowledge has any member of your immediate family or a close friend, ever brought a lawsuit against anyone?
26. Have you, or to your knowledge has any member of your immediate family or a close friend, ever been sued?
27. Do you have any reservations about discussing your opinions with other people?
28. Do you have any problems with someone using the legal system to seek damages for what that person believes is a violation of law?
29. Do you believe that simply because the plaintiff has brought this lawsuit, it must mean he deserves to recover?
30. Do you believe that simply because the LIRR has been sued as a defendant, that it is probably liable or that the plaintiff should recover some damages from it?
31. Do you have any problem with the concept that a person who brings a lawsuit is entitled to damages only if that person proves his or her case?
32. If I were to instruct you that, if you find in favor of the plaintiff, you must consider a monetary award for pain and suffering, do you have any personal beliefs or opinions that would make you unwilling to award such damages?
33. This case involves a claim for an on-the-job injury that is not governed by state law but rather by federal law that I shall explain to you at the end of the trial. Would you be unable to set aside your understanding of laws generally dealing with on-the-job injuries and apply the law that I give you at the end of the case?
34. Do you have any problem with your hearing or vision that would prevent you from giving attention to all of the evidence at this trial?
35. Do you have any difficulty in understanding or reading English?
36. I expect that the trial day will begin around 9:30 a.m.; there will be a short morning break, an hour break for lunch, a short afternoon break; and we will conclude around 4:30 p.m. each day. Do you have any medical problem, are you taking any medication, or do you suffer from any condition that might interfere with your ability to serve as a juror in this case during those times or otherwise make it difficult for you to give the case your full attention?
37. I have tried to direct your attention through my questioning to possible reasons why you might not be able to sit as a fair and impartial juror. But only you know whether there is some other matter that I did not mention that I should have asked about. I am going to ask you to put yourself in the position of the lawyers, of the Court, of the parties. If you were sitting in our place, is there any reason why you think you could not be fair and impartial in this case?
Part II:
1. What is your city, town or village, and county, of residence?
a. How long have you lived there?
b. If less than ten years, where did you live before that?
2. How far did you go in school?
3. What is your occupation and who is your employer?
a. How long have you had that job?
b. If fewer than five years, what previous jobs have you had in the past five years?
c. If retired, what position did you hold before retirement?
4. What is your marital status?
5. Are there other adults in your household?
a. If so, what do they do?
6. Do you have children?
a. If so, how old are they?
b. If they are adults, what do they do?
7. Have you served in the armed forces?
a. If so, what branch and when?
8. What if any organizations are you a member of, including a labor union?
9. What do you like to do in your spare time?
10. What publications-such as newspapers, magazines, or online news-do you read?
11. To which radio stations and television programs do you regularly tune in?
12. Have you ever served as a juror in any court? If so:
a. When and in what court was that?
b. Was it a civil or criminal case?
c. Without telling us the verdict, did the jury reach a unanimous verdict?
13. Name a public person, living or dead, that we would likely know who you admire.