Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:01-cv-02089-MSK-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2089-MSK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant. ______________________________________________________________________________ JOINT LIST OF PROPOSED VOIR DIRE QUESTIONS ______________________________________________________________________________ The parties, through their undersigned counsel, hereby submit their joint list of proposed voir dire questions pursuant to the Trial Preparation Order-Jury Trial (Civil): I. Joint Proposed Voir Dire Questions 1. Have you, or has anyone close to you, ever been a plaintiff or a defendant in a

lawsuit, and on which side? What was the general nature of the lawsuit? What was the outcome of the case? How do you feel about the outcome? Do you believe that this experience may cause you to feel differently---either more positively or more negatively---about the plaintiff or the defendant in this case? 2. Have you, or has anyone close to you, ever made a claim of discrimination --

whether because of disability, race, national origin, age, religion or gender -- against anyone? Please explain. Do you believe that this experience may cause you to feel differently---either more positively or more negatively---about: a. b. Someone who has made a claim of discrimination? Someone against whom a claim of discrimination has been made?

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3.

Has a claim of discrimination ever been made against you, or anyone close to you

-- whether because of disability, race, national origin, age, religion or gender? Please explain. Do you believe that this experience may cause you to feel differently---either more positively or more negatively---about: a. b. 4. Someone against whom a claim of discrimination has been made? Someone who has made a claim of discrimination ?

Do you have any beliefs, feelings or attitudes about hospitals that might cause you

to treat a hospital differently--either more positively or more negatively---than an individual party in a lawsuit? Please discuss. Are your beliefs, feelings or attitudes about hospitals based on any experiences that you, or someone close to you, had with any hospital? Please explain. 5. Have you, or has anyone close to you, ever had any dispute with a hospital? Was

this experience a pleasant or unpleasant one? Do you believe that this experience may cause you to feel differently---either more positively or more negatively---about a public hospital? Please discuss. 6. Do you have any beliefs, feelings or attitudes about doctors that might cause you

to treat a doctor differently--either more positively or more negatively---than another party in a lawsuit? Please discuss. Are your beliefs, feelings or attitudes about doctors based on any experiences that you, or someone close to you, had with any doctor? Please explain. 7. Have you, or has anyone close to you, ever had any dispute with a doctor? Was

this experience a pleasant or unpleasant one? Do you believe that this experience may cause you to feel differently---either more positively or more negatively---about a doctor? Please discuss. 8. Do you have any beliefs, feelings or attitudes about public institutions that might

cause you to treat a public hospital differently--either more positively or more negatively---than

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an individual party in a lawsuit? Please discuss. Are your beliefs, feelings or attitudes about public institutions based on any experiences that you, or someone close to you, had with any public institution? Please explain. 9. institution? Have you, or has anyone close to you, ever had any dispute with a public Was this experience a pleasant or unpleasant one? Do you believe that this

experience may cause you to feel differently---either more positively or more negatively---about a public hospital? Please discuss. 10. 11. Do you have military or law enforcement experience? Please describe. Have you taken any courses in human resources management, personnel

practices, or labor relations? Please describe. 12. Have you ever, as part of your job, had the power to hire, discipline or discharge

co-workers? Please describe. 13. Have you, or has anyone close to you, ever worked in the area of personnel or

human resources? Please describe. 14. Please discuss. 15. Have you, or has anyone close to you, ever filed a grievance or an appeal from an Have you, or has anyone close to you, ever applied for a job and not been hired?

job-related decision you were not happy about? Please discuss. 16. 17. describe. 18. Have you ever worked with doctors, in any capacity? Please describe. Have you ever owned your own business or been self-employed? Please discuss. Have you ever worked in the healthcare industry, in any capacity? Please

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19. discuss. 20. discuss. 21.

Do you think people start lawsuits too often to solve their problems? Please

Are you suspicious of people that bring a lawsuit claiming discrimination? Please

Do you think that the defendant must have done something wrong or they would

not be here in court? Please discuss. 22. 23. 24. II. What are your views on our system of civil justice? Please discuss. Please describe all bumper stickers you have on your vehicle. Please describe all fraternal or social organizations of which you are a member.

Plaintiff's Proposed Voir Dire Questions 1. Have you or any member of your family been subjected to a working

environment that you believe was unjust or improper and if so, please describe it? 2. If you believe that the evidence showed that the Plaintiff is entitled to recover

money from the Defendant, would you have any difficulty in deciding to make an award of money to the Plaintiff? 3. If you believed that your supervisor treated you in an unfair fashion, do you

believe that you have the right to object to that treatment? 4. Tell us what you believe about the existence or non-existence of age

discrimination in the workplaces in our community. 5. Do you think that the word or testimony of a boss or supervisor is more

believable or creditable than that of his or her subordinates? Please discuss. 6. Have you ever had a contract with an employer dealing with the terms and

conditions of your employment? And if so, describe this agreement?

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7.

If an employer states that he will treat his employee(s) fairly, do you believe that

the employer should live by that word? 8. Are you willing to give the defendant, a public institution, more leeway than you

would a private employer when is comes to issues of discrimination? 9. community? 10. Will you have difficulty returning a money judgment against the defendant What is your view on how pervasive age discrimination is in the workplace in our

because it is a public institution? 11. If an employer has policies and procedures for personnel matters, what are your

views on whether the employer should follow these? When should they be excused from following them, if ever? 12. laws. 13. How open do you believe the hiring process, from beginning to end, should be in Tell us your views of the importance or lack of importance of our discrimination

a public institution? 14. What is your opinion on whether people under use or overuse the legal system in

pursuit of civil rights claims? III. Defendant's Proposed Voir Dire Questions 1. Do you believe people should take personal responsibility for their own actions?

Why or why not? 2. Do you think that "discriminatory treatment" is the same as any treatment you

may feel is "unfair?" Why or why not?

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3.

Do you understand that a person is not entitled to win a lawsuit just because he

sues someone? Why or why not? 4. Do you understand that, in a lawsuit, a plaintiff must prove his claims against the

defendant? Why is this important? 5. Do you understand that even if a plaintiff proves his claims, a plaintiff is not

entitled to any money for damages unless he proves that the defendant's conduct caused those damages? Why is that important? 6. If you determine that the evidence shows Plaintiff has not proved his claims

against the Defendant, would you have any difficulty in entering a verdict against the Plaintiff, a doctor, and in favor of the Defendant, a public hospital? 7. Do you believe that doctors are entitled to more respect than people who are not

doctors? Why or why not? 8. Do you think the word or testimony of a doctor is more believable or creditable

than the word or testimony of people who are not doctors? Why or why not? 9. Would you be more likely to defer to the statements or opinions of a doctor than

you would the statements or opinions of people who are not doctors? Why or why not? Under what circumstances? 10. frequently? Do you regularly watch any daytime soap operas? If so, which ones and how

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Respectfully submitted this 26th day of April, 2006.

s/Colleen M. Rea Colleen M. Rea, Esq. #024960 FORD & HARRISON LLP 1675 Broadway, Suite 2150 Denver, CO 80202 Telephone: (303) 592-8860 Facsimile: (303) 592-8861 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT ASPEN VALLEY HOSPITAL DISTRICT s/Sander N. Karp Sander N. Karp, Esq. #1088 LEAVENWORTH & KARP, P.C. 201 14th Street, Suite 200 Glenwood Springs, Colorado 81601 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 e-mail: [email protected] ATTORNEYS FOR PLAINTIFF

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