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The following case appears to be straight forward. Jessica Lester died from injuries suffered in an auto accident caused by the driver, William Donald Sprouse
The following case appears to be straight forward. Jessica Lester died from injuries suffered in an auto accident caused by the driver, William Donald Sprouse ("Sprouse"), who was driving for Allied Concrete Company at the time of the event. While that seems simply to determine, "who's at fault", there are other factors involved in this case that appear to be at play. You are to read the entire assignment first, then read the case online. Once you have done your research, answer all the questions posed, and post your initial discussion prior to Week 3. Please see the course schedule for details regarding the posting. ALLIED CONCRETE COMPANY, et al. v. Isaiah LESTER, Individually and as Administrator of the Estate of Jessica Lynn Scott Lester. Background: "On June 21, 2007, Isaiah Lester ("Lester") was driving his wife, Jessica, to work, traveling west on the Thomas Jefferson Parkway in Albemarle County, Virginia. At the same time, William Donald Sprouse ("Sprouse"), an employee of Allied Concrete Company ("Allied Concrete"), was operating a loaded concrete truck and traveling east on the Thomas Jefferson Parkway. Due to his speed, Sprouse lost control of his vehicle, causing it to cross the center line and tip over, landing on the vehicle occupied by Lester and Jessica. As a result, Jessica suffered injuries that ultimately proved to be fatal. Sprouse subsequently pled guilty to manslaughter in the death of Jessica. On May 16, 2008, Lester, as Administrator and beneficiary of Jessica's estate, filed a complaint against Allied Concrete and Sprouse, seeking compensatory damages for economic and noneconomic losses, including mental anguish, for the wrongful death of Jessica. Jessica's parents ("the Scotts") were also named as statutory beneficiaries. Lester also filed a separate complaint against Allied Concrete and Sprouse, seeking compensatory damages for his personal injuries. These actions were ultimately consolidated." TRIAL: "Trial in this case commenced on December 7, 2010. After a three-day trial, the jury awarded Lester $6,227,000, plus interest, on the wrongful death action, and $2,350,000, plus interest, on his personal injury action. Similarly, the jury awarded each of the Scotts $1,000,000, plus interest, on the wrongful death action. Allied Concrete filed multiple post-trial motions, including motions for sanctions against Lester and the lead attorney on the case, Matthew B. Murray ("Murray"), arguing that Lester conspired with Murray to intentionally and improperly destroy evidence related to Lester's Facebook account and provided false information and testimony related to his Facebook page, his prior use of anti-depressants, his medical history, and the spoliation of Facebook evidence. Further, Allied Concrete contended that Murray engaged in deception, misconduct, and spoliation related to Lester's Facebook account. Allied Concrete also filed a motion seeking, alternatively, dismissal of Lester's claims, a new trial on liability and damages, a new trial on damages only, or a remittitur order, arguing that the misconduct of Lester and Murray precluded an impartial trial and verdict and resulted in an excessive verdict. Finally, the defendants filed a motion for a mistrial due to newly discovered juror bias." Question: During voir dire, the trial court posed the following question to the prospective jurors: Are any of you related by blood or marriage to any of the attorneys? Do you know them or have significant involvement with them or their law firms?... Post-trial it was discovered that the jury foreperson, Amanda Hoy ("Hoy"), was the former Executive Director of Meals on Wheels of Charlottesville/Albemarle ("Meals on Wheels"). This was relevant because the Allen Firm sponsored the website of Meals on Wheels. Indeed, it was later revealed that Hoy had communicated frequently with representatives of the Allen Firm regarding its sponsorship of the website. Additionally, it was discovered that members of Murray's family volunteered for Meals on Wheels for more than 15 years and that Hoy knew some of those family members, specifically Murray's mother." What is Voir Dire? Why is Voir Dire important to any court case? Because of the seemingly directional relationship between Amanda Hoy ("Hoy") and members of Murray's family, how could this present a problem in this case
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