Seadler v. Marina Bay Resort Condominium Ass'n, Inc.
Resolving a certified conflict, the Florida Supreme Court held that the erroneous denial of a properly preserved cause challenge in a civil case is NOT per se reversible error; harmless error review under Special v. West Boca Medical Center applies. Applying that standard, however, the Court held Marina Bay failed to prove beyond a reasonable doubt that the forced loss of a peremptory challenge did not contribute to the verdict, quashed the First DCA's decision, and remanded for a new trial in this pool-chair collapse premises case.
Key facts
- Seadler sued Marina Bay Resort Condominium Association for injuries sustained in a pool-chair collapse, proceeding to trial in the trial court.
- The trial court erroneously denied Seadler's challenge for cause against a prospective juror, forcing Seadler to expend a peremptory challenge and leaving him unable to strike a different objectionable juror.
- +2 more key facts with a free trial
Why it matters
This is a major decision reshaping jury-selection error review in Florida civil cases: it abolishes the long-standing 'per se reversible' rule applied by four DCAs and requires a fact-specific harmless error analysis… — full analysis with a trial
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