Rousseau

Rousseau v. West Coast House Movers

Good Law
1967 Cal. App. LEXIS 1932·256 Cal. App. 2d 878·64 Cal. Rptr. 655
Court of Appeal of CaliforniaDecember 13, 1967Civ. 29915California3,704 words

Opinion

Opinion

Fleming, J.

Suit for personal injuries by Rousseau, an employee of the Board of Education, and by the State Compensation Insurance Fund as intervener, against West Coast House Movers. From a jury verdict in favor of defendant, Rousseau appeals.

Voir Dire

Rousseau claims prejudicial error in the selection of the jury because the court itself conducted the interrogation of prospective jurors on their voir dire examination. He contends the court should have tendered counsel the opportunity to conduct an interrogation of prospective jurors, and in support of his argument he cites rule 228 of California Rules of Court: “In civil jury trials, it shall be the duty of the trial judge to examine the prospective jurors to select a fair and impartial jury. He shall permit reasonable examination of prospective jurors by counsel for each party. ’ ’

Neither specifically nor generally do we find prejudicial error in the selection of the jury.

The following procedure was used by the trial court in selecting the jury. The trial judge advised counsel in chambers that he would conduct the examination of prospective jurors, and that counsel should submit questions to the court before and during the…

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