McBurney v. Cameron

JOSEPH M. ELLIS, Judge,

concurring.

On the juror disclosure issue, I concur only in the result reached. I do so because I cannot say with any certainty that the questions were sufficiently clear that a reasonable juror might not have perceived that they were only about personal injury claims, as found by the trial court. Unlike in Bell v. Sabates, 90 S.W.3d 116 (Mo.App. W.D.2002), where “there was a common understanding among the venire that the discussion went to claims and lawsuits,” id. at 122, the record before us in the instant appeal does not compel the conclusion that a reasonable juror could not have misunderstood that the inquiry was about “all claims and lawsuits” as opposed to only those involving personal injuries.

On the other issues presented on appeal, I concur in the majority opinion.