Barcai v. Betwee

In Barcai v. Betwee, 98 Hawai'i 470, 475, 50 P.3d 946, 951 (2002), the plaintiffs argued that their right to a fair and impartial jury was substantially impaired and contended that under Carr v. Kinney, 41 Haw. 166 (1955), they did not need to demonstrate what prejudice resulted from the trial court's action. Barcai, 98 Hawai'i at 476, 50 P.3d at 952. The Hawai'i Supreme Court narrowed the broad language of Carr, concluding Carr did not stand for plaintiffs' proposition. Id. The court explained: "In Carr, the plaintiff, in a personal injury suit, was prohibited from asking potential jurors during jury selection any questions relative to their interests in two insurance companies that insured the defendant or any questions involving insurance in any form. This court held that the restriction on the plaintiff constituted reversible error. However, the primary focus of the analysis was upon the defendant's contention that, if the suggestion was raised that a defendant was insured, then jurors would not be able to impartially judge the case and would be inclined to decide too easily in favor of the plaintiff or award the plaintiff a larger amount in damages than they otherwise would." Barcai, 98 Hawai'i at 476, 50 P.3d at 952. The court further stated: Significantly, this court noted the distinct possibility that individual members of the jury panel could have had a financial interest in one of the companies that insured the defendant, given the fact that the company was owned in large part by one of Hawaii's largest employers. Moreover, the court noted that, in fact, two of the employees of this corporation holding stock in the insurance company were listed on the jury panel. . . . .. . . It is clear, therefore, that the court's decision in Carr rested upon its perception that there existed a significant likelihood of prejudice to the plaintiff as a result of her inability to ask questions concerning the financial interests of potential jurors in the companies that insured the defendant. Barcai, 98 Hawai'i at 476-77, 50 P.3d at 952-53.