Monday, May 11, 2015

Sample Voir Dire and Jury Instructions in a Post-Koken Auto Law Case

Post-Koken auto law cases, with combined UM/UIM and third party claims, as well as auto lawsuits solely against UM/UIM carriers are finally starting to reach the trial stage on a regular basis.

As a result, more and more transcribed voir dire proceedings and jury instructions are being preserved.  Below are a few samples recently secured.

Sample Voir Dire in a Post-Koken Case

Susquehanna County

For a sample voir dire from a February, 2015 Post-Koken auto law trial in Susquehanna County against an uninsured third party tortfeasor (who did not appear for trial) and an uninsured (UM) carrier in the case of Strohl v. State Farm and Olmstead click HERE.

Interestingly, during this voir dire, some of the potential jurors in the jury pool talked favorably about their experience with insurance companies, most were non-committal (silent), and at least one ripped insurance companies in light of a prior bad experience.

Sample Jury Instructions in a Post-Koken Case

Susquehanna County

To view the Jury Instructions crafted by Senior Judge S. Gerald Corso in the above-referenced February of 2015 Susquehanna Post-Koken Trial involving an uninsured tortfeasor Defendant (who did not appear but remained on the caption) and a UM carrier Defendant, click HERE.

Monroe County

To view a transcribed copy of the Jury Instructions utilized by Judge Arthur Zulick in the Monroe County case of Comrie v. Atlantic States Ins. Co., click this LINK. 

Judge Zulick handed out a copy of these instructions to the litigating attorneys involved.

I send thanks to Attorney Rob Smith of the Moosic, PA office of Marshall, Dennehey, Warner, Coleman & Goggin for providing a copy of these instructions.

Lackawanna County

For anticipated jury instructions crafted by Judge Terrence R. Nealon in a case that was later settled just prior to trial and which involved both a tortfeasor defendant and a UIM carrier defendant, see the court's April 15, 2015 Opinion in the case of Kujawski at this LINK.

For anticipated jury instructions drafted by Judge Terrence R. Nealon for a case in a matter involving UIM carrier defendant only (i.e., the plaintiff had previously secured a settlement with the tortfeasor Defendant), see the court's November 10, 2014 Opinion in the Moritz case at this LINK.

Singer v. State Farm, No. 15-CV-2859 (C.P. Lacka. Co. 2018 Gibbons, J.)(Here is a LINK to a copy of the printout of the UIM jury instruction Judge James A. Gibbons presented to the jury over objection on behalf of the defense.)

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