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Juror owns stock in a liability insurance casualty company- can they sit?

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

 You might think this is insignificant. It's not.

A potential juror who is now being called to sit in judgment of an accident case or in medical malpractice case New York is always asked whether they have a vested interest in and own stock in a liability insurance casualty Company.

There is an important reason for this.

A juror who has invested in this type of insurance company may feel compelled not to award an injured victim appropriate compensation, believing on some level, that such an award would impact the stock performance of the company he has invested in.

Importantly, we need not prove this to be valid. Instead is presumed.

That is why a potential juror who owns stock in such an insurance company, is automatically disqualified from serving as a juror in a New York accident or medical malpractice case.

An attorney need not use up one of his limited peremptory challenges to remove this type of juror.