Rocky Dietz v. Hillary Bouldin

concurring in the judgment:

I agree with the majority that the district court judge did not err in re-empaneling the jury in this case. I further agree with the majority’s conclusion that the district court judge may re-empanel a jury only if he finds that the jury was “not exposed to any outside influences that would compromise their ability to fairly reconsider the verdict.” Maj: Op. at 1100. I do not agree, however, that the district court judge should be required to undertake “an appropriate inquiry” into whether prejudicial influences have .tainted the jury. Id. Because the majority’s adoption of this duty of inquiry is inconsistent with our adversarial system of justice, I concur only in the judgment. I also note the majority cites no statute, case, or regulation that imposes such a duty of inquiry on the district court.

Our system of justice is an adversarial one. “What makes a system adversarial rather than inquisitorial is not the presence of counsel,” but “the presence of a judge who does not (as an inquisitor does) conduct the factual and legal investigation himself, but instead decides on the bases of facts and arguments pro and con adduced by the parties.” McNeil v.…

BACKGROUND

Hillary Bouldin’s vehicle collided with Rocky Dietz’s in August 2009. Dietz subsequently filed a negligence complaint in Montana state court against Bouldin for “injuries including to his low back” and “physical pain, suffering, grief, anxiety and a loss of course of life” stemming from the accident. The case was subsequently removed to federal court. Before trial, Bouldin admitted he was at fault and that Dietz was injured as a result of the accident. The parties stipulated to $10,136 in past expenses Dietz incurred as a result of the accident. The only disputed issue at trial was the amount of future damages Bouldin owed Dietz. Dietz presented evidence he would need regular physical therapy, medication and injections to alleviate the pain he was experiencing following the accident. Bouldin emphasized that Dietz had a long list of medical conditions predating the collision, that only some of his medical expenses were related to the accident and that he was exaggerating the amount of treatment he would actually seek.

During closing argument, Bouldin’s counsel reminded the jury of the stipulated amount of past damages and explained that its award additionally had…

We consider, as a matter of first impression in this circuit, whether a jury can be recalled shortly after it has been ordered discharged. Joining the majority of circuit courts to have decided the issue, we hold a district court may re-empanel a jury shortly after dismissal, but only if, during the period of dismissal, the jurors were not exposed to any outside influences that would compromise their ability to fairly reconsider the verdict.

BACKGROUND

Hillary Bouldin’s vehicle collided with Rocky Dietz’s in August 2009. Dietz subsequently filed a negligence complaint in Montana state court against Bouldin for “injuries including to his low back” and “physical pain, suffering, grief, anxiety and a loss of course of life” stemming from the accident. The case was subsequently removed to federal court.

Before trial, Bouldin admitted he was at fault and that Dietz was injured as a result of the accident. The parties stipulated to $10,136 in past expenses Dietz incurred as a result of the accident. The only disputed issue at trial was the amount of future damages Bouldin owed Dietz. Dietz presented evidence he would need regular physical therapy, medication and injections…