Jury Duty

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Jury Duty 2013: Day 3

Posted by THEJNSREPORT on November 17, 2013

Posted in: Social Commentary. Tagged: Attorney, Auto Insurance, Car Accidents, Civil Service, Common Sense, Damages, Defendant, deliberation, Entitlement, Evidence, Fraud, Greed, Judge, Judicial System, Jury Duty, Jury Selection, Jury Trial, Plaintiff, Testimony, The plaintiff. Leave a comment

Welcome to THEJNSREPORT’S: JURY DUTY: Day 3

Day 3 of jury duty began with myself lazily turning over in bed to silence my (trusty if not pesky) alarm which revealed the sad truth. I’d managed to get all of 3 1/2 hours of sleep. Reluctantly, I get myself together and head out for rush hour yet again.

Wearing several layers of clothes definitely helped me brave the hateful cold that lets us all know Winter is right around the corner. I made my way to the subway in good time despite repeated jabs from Jack Frost.

On this day, I arrived at the courthouse early enough to actually eat a little something before heading inside. Once in the meeting room from the previous day, we met with the same court employee from the day prior who then took attendance.

As promised, the judge presiding over the case called us to come up at 9am on the dot. Inside the courtroom we were told to all sit on one side of the courtroom for the name drawing that was about to take place to determine which among us would be selected as a potential juror for the case we were to hear.

An antique looking dark brown wooden box with a crankshaft and wooden door sat on one of the tables as an officer of the court cranked it before he drawing names out at random. Once one’s name was called the person went up to the jury box and relinquished the juror questionnaire.

Both the plaintiff’s attorney and the defense attorney were present, both scrutinizing the dress and appearance of each of us potential jurors. Initially, I wasn’t one of the names called and I dreaded being sent back down to the jury pool.

Then the judge asked two of the jurors direct questions relating to experiences and whether they spoke adequate english and excused them after they gave their answers. The wooden drum was consulted once again. Lo and behold my name’s called next along with one more person to fill the vacated spots.

The attorney’s each brought questionnaires they had for each of us jurors they’d either strike or keep and after some answers were given we were dismissed from the courtroom briefly.

The panel was complete with 6 of us as the deciding jury and 1 alternate in case of anything. We listened carefully to the Judge and his instructions and the opening statements of both the plaintiff’s attorney and the defense attorney.

Interesting side note: the defendants attendance in the case wasn’t required. Only the plaintiff was present and only the plaintiff testified as the burden of proving his case rested squarely with him.

Once the case began we all looked at the plaintiff and listened intently to what each of the attorney’s arguments were in the case. The issue of liability was already decided so for us the jury the case rested squarely on whether the plaintiff suffered permanent injuries as a result of the accident and if we found that he did, how much we would award him.

I’m sure we’ve all seen personal injury cases played out on TV where the plaintiff appears suspect and every move and/or gesture is scrutinized to see if there is any acting going on. This case was no exception. The plaintiff’s attorney presented his case along with a binder with a thick packet of his medical history.

In a nutshell the plaintiff was rear-ended in a car accident, claimed he was permanently injured and lost his former quality of life. He went on to say that the accident caused him to withdraw from playing in a musical band he founded.

He claimed he had emotional distress and “psychiatric” treatment in addition to his extensive stint of attending an in house rehab center referred to him by his Insurance’s lawyer.

We looked at this man as he went about putting on his show of limited mobility by periodically getting up and walking to the rear of the court room then returning to sit near his attorney repeatedly throughout the trial.

When he took the stand a translator sat next to him and translated the questions being asked by his attorney first, followed by the defendants attorney’s cross-examination.

Several red flags immediately went up when us jurors got the medical history and looked at not only the high-lighted sections we were spoon-fed by the plaintiff’s attorney, but the non high-lighted portions showing this guy as the defendant’s attorney worded it “opportunistic and feeling a sense of entitlement”.

To solidify this we were shown pictures of the “damage” to the plaintiff’s vehicle by the defendant and not the plaintiff. Red flag 1. There was no visible damage whatsoever one could see with the naked eye to the plaintiffs vehicle which he claimed sustained a “heavy impact”.

The plaintiff’s girlfriend was also in the car, yet she sought no medical attention nor did she go with him to the hospital from the scene as the plaintiff testified that he went. Red flag 2.

Then out of his own stupid mouth the plaintiff testified that while stopped at a red light, with several cars in front of him, his vehicle was struck from behind.

He then got out of his vehicle in which he was wearing his seatbelt and walked to the back of his minivan to see what damage there was before asking the defendants for insurance info and calling the police (who sent an ambulance to the scene). Red flag 3.

Red flag 4. Plaintiff never mentions his emotional distress he claims to have suffered in his lawsuit during his testimony. Red flag number 5. Plaintiffs doesn’t go to his primary care physician but instead to the insurance company’s referred rehab center and sees no specialists.

Plaintiff’s medical visits to this rehab center shows repeated rubber stamped visits 4 times a week with 15 minute treatments that all say Neck, Back pain plaintiff complains of.

Red flag 6. While the medical record did show herniated discs the plaintiff had these as pre-existing and used a cane several years prior to this accident when he had open heart surgery.

He lied and told us that he never used a cane before the accident. When we looked further into the plaintiffs medical history Red flag 7 and 8 grabbed us by the face.

Red flag 7. Plaintiff never saw a neurologist or orthopedic doctor. Plaintiff was released same day from hospital and was found to have no significant injury was given a local pain killing shot and released.

Red flag 8 medical records showed post accident plaintiff’s gait is “normal” and listed as such up until the last visit to the rehab center where his insurance cut him off due to paying for 3 years of treatments at 15 minute intervals 4 times a week at $150 a pop.

Red flag 9. Plaintiffs attorney tried unsuccessful to get the plaintiff to tell us that due to this accident he wasn’t able to perform sexually in the bedroom. However, the plaintiff couldn’t quite bite the carrot she dangled.

We all as jurors knew what she was hinting at with her line of questioning about his personal life at home since the accident. We deliberated for about an hour before we returned a verdict that the plaintiff failed to prove his case and we sent him on his way.

After the verdict the judge thanked us for our service, told us how important we were as jurors to the legal process, and that he believed here in America we have the best legal system in the world even though it’s not perfect because we let the jury decide with the evidence provided in the case.

Once we were dismissed from service we went downstairs to the jury room to receive our completion of jury service letters for work. Once there the defendant’s attorney approached us and thanked us for seeing the case for what it was. In addition, defense counsel said we shouldn’t feel bad for the plaintiff as they already had a financial agreement in place to compensate him something.

I’m certain he thought we were all idiots and couldn’t see what he was doing. We were all like sorry sir no free lunch today, no soup for you, get the hell on Felicia!!!

It was my first time on a jury but I must say that the experience overall was not lost on me. I was happy this time around that schedule wise things worked out better than they had in the past serving jury duty. In the end common sense, evidence, and the law worked to bring about a just outcome.

Jury Duty Episode 2.5

Posted by THEJNSREPORT on November 13, 2013

Posted in: Social Commentary. Tagged: America, Court System, Courthouse, Courts, Due Process, Government, Judiciary, Jurisprudence, Jury, Jury Duty, Law, Law Abiding Citizen, Legal, Legal System, NYC, Peers, People, politics, Public Service, rush hour, Service, Trial. Leave a comment

Welcome to THEJNSREPORT’S: Jury Duty Episode 2.5

I call today’s post episode 2.5 due to the fact that I’m 2.5 days into serving jury duty and am actually pleased with the way it’s been working out thus far.

Initially, like most people when I saw the summons for last Friday, I was like oh crap!!! Not being too much a morning person, the idea that I’d have to actually get up and go early during rush hour to court was not my idea of a fun or an ideal situation, especially with how jury duty has worked out for me in the past.

I never forgot those long days of just sitting there waiting to hear your name called from among the pool of people there. Well as a law-abiding citizen I answered my summons and went. Day 1 ( yesterday) started out in typical fashion. I arrive at the courthouse, go through metal detection, and then have to surrender my camera to the police officer until the end of the day.

You would have thought this cop had never seen a camera before the way he gushed over it. Every other word out his mouth was an”Oh boy!” and “let me give you a receipt, I know you don’t wanna forget this”. It was almost to the point where I looked at him sideways like is he planning on jacking my shiznit? You best believe I scrutinized the receipt carefully for any errors in the description written on the receipt before proceeding to the jury room.

I sit for several hours before my name is called. Lucky day!!! Once inside the room that myself and several others were summoned to, a court employee in charge of gathering jury pools told us that sometimes they have cases that get done in a single day. I found that hard to believe.

I smiled at the thought of serving one day and being done with service for several more years…perfect! Well, due to the fact that several hours passed since the typical 9am start time, we were told that we would have to come back the following morning for the case to start.

Whoo hoo!!! since we weren’t going to be utilized that day we were free to go for the rest of the day. I wanted to give that court employee a high-five!! Before Stephen A. Smith could say “quick, fast, and in a hurry”, I was gone.

That ladies and gentlemen is what you call the Get Away.

Day 2 began with me rushing with rush hour’s masses from the bus to the train which was packed full of the typical selfish idiots who don’t move all the way into the train cars but block the doors.

I managed to squeeze into an express train just in time to see the hapless people oblivious to what rush hour means, standing on the escalators blocking both sides, appearing with sad faces as the doors closed behind those of us who rushed up the stairs to catch the train.

For some reason today the trains weren’t moving quite the way I’d have liked especially for rush hour on an express train but I managed to make it to the courthouse a few minutes after the 8:50am call time.

Arriving for duty your honor and ready to give evidence!!…evidence.

Today I decided to leave the camera at home and once inside the court and in the room we were to gather we were greeted by the same court employee from the day before who then proceeded to tell us that the case wasn’t ready for today and would start tomorrow.

Ladies and Gentleman, there is a God!!! God worked it out so good that we were given two options. Option A) stay with the rest of the jury pool for the day where we might be placed on another case. Or Option B) Leave for the day with full attendance credit and return same time tomorrow for this one day trial. Oh I almost forgot with the option of staying you could also end up still having to come back the following day anyway.

You don’t have to be a rocket scientist to know which option I selected. Attendance was taken and those of us who elected to leave for the day were gone.

Stay tuned for day 3…

Welcome to THEJNSREPORT’S: Corporate Tyranny vs The Working Class

Written by T.D Moody

Recently, I heard about a situation occurring with someone I know that left a very unsavory taste in my mouth and fire in my belly . We all know that jury duty summons’ are a pain in the ass because most of the working class can’t afford to lose a day’s pay for $40 pre tax.

Well listen to this, recently someone I know (who has been with her job for over 18 years) received a jury duty summons and immediately notified Human Resources at work of the summons and submitted a copy of it to the HR department inquiring about compensation during jury service.

Human Resources then stated to this person that as an “exempt” employee as long as one hour of work per week was completed the person’s full weekly salary would be paid for the duration of the jury service period.

Low and behold this employee is selected from among the jury pool to serve on a jury case which is to last four to five months. After several weeks of jury service and receiving salary, the supervisor of this employee came to present three options to choose from with regards to her continuing to receive her weekly salary.

Astonishment, anger and dumbfounded were some of the adjectives used to describe what she felt upon reading the three options her supervisor was presenting on behalf of the company’s President/CEO. Bare in mind that this person would be at trial 4 days a week and worked Friday’s and holidays while still serving jury duty.

Here are the three options she was given to choose from:

Option 1 : Work every Saturday and Sunday for the duration of jury duty service.

Option 2: Take an unpaid leave of absence for the remainder of the jury duty service period.

Option 3: Work on Fridays only and only be paid for Fridays.

I immediately became incensed upon fully grasping what she had just revealed to me. Both her and my first question was, is this legal? Well friends this is where doing homework and checking policies and the law with regards to jury duty becomes invaluable. According to http://www5.cbia.com

Waiver of Jury Service Compensation
Employers may submit a written request to the court in which the juror served to waive the requirement to pay an employee for jury service if payment would result in extreme financial hardship to the employer. Small employers, in particular, have successfully taken advantage of this provision.

The request must be made within fifteen days of receiving the waiver application, which is provided to the juror upon completion of service. If the employer is excused from its obligation to pay an employee, the court will reimburse the juror’s regular wages for up to $50 per day. If a waiver application is denied, the employer may apply for a hearing within 20 days from the court finding.

Employers’ Failure to Pay Wages
Under state law, employers who have not obtained a waiver and who fail to pay an employee serving on a jury may be liable for treble damages and attorneys’ fees. If a juror sues the employer under these circumstances, extreme financial hardship is not permitted as a defense.

Employers’ Obligations – Federal Courts
Federal law does not require employers to pay their non-exempt employees’ wages for jury duty. Employers are, however, required to (1) consider employees on a leave of absence during jury service; (2) continue their insurance and other benefits according to established leave of absence policies; and (3) reinstate employees to their positions without loss of seniority. Federal jurors are paid $40 per day and, in most courts, reimbursed for reasonable transportation and parking expenses.

Employers’ Personnel Policies
Although not required to by law, many employers also pay the difference between jury duty pay and the employee’s regular wages. If your company has an employee handbook, it’s a good idea to include your jury duty policy in it to ensure that the policy is applied consistently.

Prohibited Actions by Employers
Both state and federal law prohibit employers from discharging, threatening or coercing employees who are summoned for jury duty or who are subpoenaed as witnesses in court proceedings.

Employers may be fined up to $500 or imprisoned up to thirty days or both under state law and fined up to $1,000 per violation under federal law. In addition, employees who are discharged in violation of this law may seek reinstatement, lost wages and reasonable attorneys’ fees from the employer.

I then checked http://www.nyjuror.gov/pdfs/hb_EE.pdf and found a guide for the State of NY on jury duty to further consolidate my understanding of what is legal and illegal with regards to employers responsibilities per jury duty and their employees.

The following is what I found.

Employers’ Obligations

Must employers allow employees to serve? Yes. An employer must allow employees time off from work to
serve as jurors. An employer who discharges or penalizes an employee for serving as a juror may be prosecuted by the Office
of the Attorney General and subjected to criminal penalties.

May an employer change an employee’s regularly scheduled hours of work when the employee is scheduled to serve as a
juror?

Schedule changes that are designed to accommodate the employee’s obligation to serve are permitted. Schedule changes
that penalize an employee may result in prosecution by the Office of the Attorney General and criminal penalties.

May an employer require an employee to take vacation or other paid leave while serving?
No. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time. However,
an employee may choose paid leave over losing wages.

An employer who penalizes an employee for service as a juror by forcing the juror to use paid leave may be prosecuted by the
Office of the Attorney General and subjected to criminal
penalties.

May an employer require an employee who serves as a juror to make up time?
No. An employer who forces an employee to work on days when the employee is not normally scheduled to work in order to
make up for time lost as a result of jury service may be prosecuted by the Office of the Attorney General and subjected
to criminal penalties.

After reading the above she drafted a response letter to her supervisor and employer requesting that the three options given to her be put into writing on company official letterhead so that she could submit it to the judge. She’s still waiting for a response. LOL