Nov 16th, 2004

Many Are Called, But Few Are Chosen

I was called for jury duty yesterday, in the district court, civil division. One day or one trial. Sworn in to tell the truth. I swelled with civic pride and duty. Unlike most people, you see, I love jury duty. It's a good thing, too, because I must get called every year.
Of course, I wasn't actually chosen for the trial. I think the defense attorney would have wanted me on the case, but the plaintiff's attorney couldn't throw me off fast enough.

It was a medical malpractice case. Negligence on the part of the primary care doctor. The plaintiff had bladder cancer. I could see, by the questioning, where this was going. So I answered those questions as honestly as I could. Even those questions that were unasked, but implied.

I was potential juror number 14, which meant that I got to listen to a lot of answers to the same questions before they got to me. The question was "What do you think about cigarette smoking?" Most of the other jurors answered that they didn't like it. Or that it was a nasty habit. One or two people said they smoked. I said that it was a matter of personal choice, but one that carries with it personal responsibility.

Danger. Warning. This person thinks. Whoop, whoop, whoop.

They asked us if we would be capable of judging a doctor, of holding one accountable. I said yes. I did NOT say that I'd be even more capable of holding lawyers accountable.

They asked how we felt about large money awards. Most people said, of course, if they're called for. I said: "I'm ambivalent." GAH!!! That juror used a multi-sylable word. Danger! Warning!

Could you elaborate? I could, and I did. Pain and suffering are pretty subjective things, no? Sometimes there is merit in the claim, but there are a lot of frivolous lawsuits in this world.

Have we ever had a problem with a doctor? Yes. Elaborate. I did. But then, I allowed as how I was very young and naive, and never sought a second opinion. By the time I did, years later, for what the first doctor claimed was a relapse, there was no sign of the condition the first doctor wanted to do surgery on, nor was there any sign that I'd ever had the condition. I fired the first doctor. I never looked back. And (although I didn't say this)neither did I sue.

What about cancer? Family members? Yes. And close friends. By the time I'd finished my list, the whole room looked a little dazed. Uh, OK, so this is something you might have strong feelings about?

One attorney asked about Monday morning quarterbacking. The young man to my left didn't understand the term, nor had he ever heard of 20/20 hindsight. The lawyer explained the concept and then turned to me... And you? Can you look at the facts and not be a Monday morning quarterback? I snorted, C'mon, anyone who's been a Dolphin fan as long as me knows the futility of that exercise. The room cracked up.

Good. Leave 'em laughing. We were interrogated a little more, and then the lawyers settled in to pick the jury. It came as no surprise to me that I was not selected.

When they say a jury of your peers, what they mean is, someone who has no opinion and never reads the paper.