Colorado Court Allows Extended Voir Dire in Motor Vehicle Injury Case

Background

On September 5, 2018, Cassandra Burpee was driving in Arapahoe County, Colorado, when her vehicle collided with another driven by Brittany McClure. McClure was making a left turn and failed to yield, causing Burpee’s vehicle to strike the passenger side of McClure’s car. The crash resulted in significant property damage and injuries to Burpee. McClure admitted fault for the collision but disputed the extent of Burpee’s claimed injuries.

District Court Proceedings

Burpee filed a personal injury lawsuit against McClure in 2019, alleging negligence and seeking damages for medical expenses, pain and suffering, and loss of enjoyment of life. McClure conceded liability for causing the accident but contested whether her negligence was the sole cause of Burpee’s injuries. Burpee’s treating physicians testified that her injuries were directly related to the September 2018 collision.

Before trial, Burpee’s counsel submitted an unopposed motion in limine requesting additional time for jury selection. The motion sought to extend voir dire to forty-five minutes per side to allow adequate questioning of prospective jurors on issues central to personal injury litigation. Burpee’s counsel explained that sufficient time was necessary to ensure a fair and impartial jury, particularly given the complexity of injury-related damages and public attitudes toward personal injury cases.

The motion outlined three key areas for voir dire examination: jurors’ experiences with automobile collisions, their opinions on personal injury claims and damages, and potential biases toward plaintiffs or defendants in civil litigation. The court granted the unopposed motion, allowing both parties expanded time for jury selection.

Voir Dire and Jury Selection

During jury selection, the court emphasized the importance of impartiality in civil trials. Both parties were permitted to question jurors extensively on their personal experiences with car accidents and prior involvement in similar lawsuits. The process was designed to allow counsel to exercise peremptory and for-cause challenges intelligently, consistent with the purpose of voir dire under Colorado Rule of Civil Procedure 47(a).

The court cited precedent affirming that voir dire must safeguard each party’s fundamental right to a fair jury. It also noted that reasonable extensions of voir dire time are appropriate in personal injury cases involving disputed medical evidence and potential preconceptions about damages.

Court’s Ruling

The Arapahoe County District Court approved Burpee’s request for expanded voir dire, finding good cause under C.R.C.P. 47(a)(3). The court held that additional questioning was necessary to ensure juror impartiality and effective exercise of challenges. The order emphasized that the fairness of the jury selection process outweighed considerations of judicial economy in this instance.

The case proceeded to trial, focusing on the extent of Burpee’s injuries and damages rather than liability.

Assistance with Motor Vehicle Collision Matters

If you have been injured in a car accident due to another driver’s negligence, Whitcomb, Selinsky PC assists with motor vehicle collision cases. Contact our team to learn how we can help you pursue compensation for injuries, medical expenses, and other losses resulting from motor vehicle accidents.