RANDOLPH, Justice, for the Court:
¶ 1. In August 2008, the Estate of Charles Ernie Harris, Sr. ("Estate") filed a medical malpractice action against John P. Lee, M.D., and the Forest Family Practice Clinic ("Clinic")
¶ 2. Following the circuit court's entry of "Final Judgment," the Estate filed a "Motion to Investigate Juror Misconduct, to Set Aside or Void Jury Verdict, to Void or Set Aside Final Judgment, for New Trial, and to Change Venue." Regarding juror misconduct, the Estate attached a juror affidavit which provided that, during deliberations, another juror had revealed prejudices and information which had not been disclosed in voir dire, and repeatedly had referred to a separate lawsuit which the circuit judge had instructed the jury to disregard. Following hearing, the circuit court denied the Estate's post-trial motions. The Estate now appeals.
¶ 3. The merits, vel non, of this case are not at issue on appeal, but this Court will briefly recount the undisputed facts. Harris was treated for gout of the left foot by Dr. Lee at the Clinic on multiple occasions between June 13, 2006, and June 30, 2006. On July 2, 2006, Harris was taken to the emergency room of Mississippi Baptist Medical Center and was diagnosed as septic. As a result of the sepsis, Harris's left leg was amputated. On August 13, 2006, Harris died. On August 6, 2008, the Estate filed a complaint against the Clinic, Dr. Lee, and John Does 1-10, alleging, inter alia, medical negligence, vicarious liability, and wrongful death.
¶ 4. On Friday, May 29, 2009, three days before trial, the Estate filed a "Motion to Transfer Venue and for Continuance," contending that it:
Regarding Dr. Lee and the Clinic, the Estate maintained that "a large majority of residents . . . in Scott County will be either current or former patients of one of the three doctors at [the Clinic]." As to Sheriff Lee, the Estate asserted that "every potential juror will know Sheriff Lee and/or one of his deputies. . . . Also, the Sheriff's deputies may be acting as bailiffs or [c]ourt security during the trial and thus the risk of imposing an unintentional influence may be present." In addressing the Estate's motion, the circuit judge stated that "this case has been on the docket for some time. You chose the venue in the filing of the suit. . . . The fact that [Dr. Lee] is a prominent doctor, you knew that [at] the time you filed the suit." As to Sheriff Lee, the circuit judge found that his identity previously had been disclosed
¶ 5. When jury selection began, the circuit judge noted that:
(Emphasis added.) Thereafter, the circuit court provided each party with ten peremptory challenges, based upon the "prominence of the parties in the case." Further, before voir dire began, the circuit judge specifically instructed the venire that Dr. Lee was a party in the case, that Sheriff Lee was his son, and that neither fact should "affect your judgment in this case" or interfere with "[y]ou[r] . . . oath. . . that you will be fair and impartial on the evidence of the case."
¶ 6. During voir dire, twenty-one members of the venire acknowledged that either they or their family members had been treated by Dr. Lee or other Clinic physicians, and/or that they had a personal relationship with Dr. Lee or Sheriff Lee. Four other members of the venire stated that they had relatives who either worked for, or had law-enforcement matters pending with, the Scott County Sheriff's Department. Following voir dire, the Estate challenged numerous members of the venire
¶ 7. At trial, during cross-examination of the Estate's medical expert, Dr. Steven Schwartz, counsel for Dr. Lee asked the following question, "[a]s far as your medical legal business picking up, can you tell me if you've been retained as an expert in the case where [counsel for the Estate] is suing Dr. Howard Clark just up the road?"
The circuit judge denied the Estate's motion, stating that "I instructed the jury to disregard the statement. All 13 stated they would follow my instructions, so I chose to believe that will be done."
¶ 8. After the Estate rested, it renewed its motion for mistrial based upon the "cumulative effect" of the question counsel opposite posed to Dr. Schwartz,
¶ 9. Following deliberation, the jury returned a verdict in favor of Dr. Lee and the Clinic. A poll of the jury revealed nine jurors agreed, two disagreed, and one was undecided. On June 11, 2009, "Final Judgment" was entered by the circuit court.
¶ 10. On June 12, 2009, the Estate filed a "Motion to Investigate Juror Misconduct, to Set Aside or Void Jury Verdict, to Void or Set Aside Final Judgment, for New Trial, and to Change Venue."
(Emphasis added.) According to the Estate, Lowden prejudicially had failed to disclose in voir dire that he had been a patient of Dr. Lee.
¶ 11. On August 17, 2009, a hearing was held before the circuit court on the Estate's post-trial motions. Regarding juror misconduct, the circuit judge examined Lopez's affidavit, then stated:
The circuit judge then permitted examination of Lopez, during which she reiterated the statements from her affidavit, with
¶ 12. On September 11, 2009, the circuit court entered an "Order" denying the Estate's "Motion to Set Aside or Void Jury Verdict, to Void or Set Aside Final Judgment and for New Trial." Based thereon, the circuit court also entered an "Order" denying the Estate's "Renewed Motion to Transfer Venue" as moot. From those rulings, the Estate filed timely "Notice of Appeal."
¶ 13. On appeal, the Estate presented the following issues, inter alia:
¶ 14. This Court will address these issues collectively, as an abuse-of-discretion standard of review applies to each, individually. See Birkhead v. State, 57 So.3d 1223, 1237 (Miss.2011) (quoting Dora v. State, 986 So.2d 917, 921 (Miss.2008)) ("The standard of review for denial of a motion for mistrial is abuse of discretion."); Crenshaw v. Roman, 942 So.2d 806, 809 (Miss.2006) ("An abuse of discretion standard of review is applied by this Court when reviewing the trial court's denial of a motion to change venue."); Miss. Transp. Comm'n v. Highland Dev., LLC, 836 So.2d 731, 738 (Miss.2002) (quoting Smith v. State, 802 So.2d 82, 86 (Miss. 2001)) ("A trial court has wide discretion in determining whether to excuse prospective
¶ 15. Mississippi Code Section 11-11-3(3) provides, in pertinent part, that:
Miss.Code Ann. § 11-11-3(3) (Rev.2004). In this case, the circuit court denied the Estate's "Motion to Transfer Venue" from that statutorily required forum, but also summoned additional jurors to expand the venire and granted six additional peremptory challenges to each side. Under these circumstances, this Court cannot conclude that the circuit court abused its discretion in denying the Estate's "Motion to Transfer Venue."
¶ 16. As to denying several of the Estate's "for-cause" challenges, this Court concludes that the circuit court cannot be found to have abused its discretion because the Estate exercised only seven of its ten peremptory challenges. See Illinois Cent. R.R. Co. v. Hawkins, 830 So.2d 1162, 1176 (Miss.2002) (quoting Scott v. Ball, 595 So.2d 848, 851 (Miss.1992)) ("This Court has `consistently held that the trial court may not be put in error for refusal to excuse jurors challenged for cause when the complaining party chooses not to exhaust his peremptory challenges.'").
¶ 17. Regarding denial of the Estate's motion for mistrial following the improper question by counsel opposite, the record reflects that the circuit judge sustained the Estate's objection to the question, issued an instruction for the jury to disregard the question, and then received an affirmative response from the jury that his instruction would be heeded. "Absent unusual circumstances, where objection is sustained to improper questioning or testimony, and the jury is admonished to disregard the question or testimony, we will not find error." Wright v. State, 540 So.2d 1, 4 (Miss.1989). As "[t]he jury is presumed to have followed the directions of the trial court[,]" this Court concludes that the circuit court did not abuse its discretion in refusing to grant the motion for mistrial at that time. Walker v. State, 671 So.2d 581, 621 (Miss. 1995).
¶ 18. Accordingly, this Court concludes that these issues are without merit.
¶ 19. "Our judicial system is grounded toward providing a fair trial." Hudson v. Taleff, 546 So.2d 359, 362 (Miss. 1989). To that end, "Article 3, § 14 of the Mississippi Constitution guarantees due process of law, including a fair and impartial trial." Brown v. Blackwood, 697 So.2d 763, 769 (Miss.1997) (citing Hudson, 546 So.2d at 363). Accordingly, "[t]he circuit court has an absolute duty . . . to see that the jury selected to try any case is fair, impartial and competent." Brown, 697 So.2d at 769 (emphasis added). In short, a jury verdict impermissibly influenced, without adherence to the evidence and in defiance of instructions of the trial court, cannot be sanctioned, as that verdict is the product of a trial that is neither fair nor impartial.
¶ 20. Mississippi Rule of Evidence 606(b) prohibits jurors from testifying to statements made during jury deliberations, subject to the exception "that a juror may testify on the question whether extraneous prejudicial information was improperly
Mariner Health Care, 964 So.2d at 1146-47 (quoting Barker v. State, 463 So.2d 1080, 1083 (Miss.1985)) (emphasis added).
¶ 21. During voir dire, the circuit judge asked the venire, "[w]ith that type of case, a case where a doctor has been sued for malpractice, will that affect your judgment in this case?" The first inquiry posed by counsel for the Estate during voir dire was "[w]ould you raise your hand if any of you have had an occasion to be treated at the [Clinic] by Dr. Lee or any other doctors[?]" Counsel for the Estate later asked the venire, "would you raise your hand if you feel like . . . you should not sit on this jury because of the knowledge of . . . Dr. Lee or his [C]linic . . ., that you feel like you shouldn't sit on this jury because you can't put aside that bias[?]" Finally, counsel for Dr. Lee asked the venire, "you will make your decision based on the actual evidence and the [j]udge's instruction. Are you all aware of that?" During voir dire, the venire members (including Lowden) also responded affirmatively that they "still have an open mind and can receive the evidence and the law of this case and make a fair decision[,]" and that they will "listen to the evidence, listen to the [c]ourt, and . . . follow the [c]ourt's instructions, even if for some reason you disagree. . . ."
¶ 22. Regarding prejudice, when:
T.K. Stanley, Inc. v. Cason, 614 So.2d 942, 949 (Miss.1992) (citing Myers v. State, 565 So.2d 554, 558 (Miss.1990)) (emphasis added). Lowden's failure to respond to the aforementioned questions amounted to withholding "substantial information" which "would have provided a valid basis for challenge for cause. . . ." T.K. Stanley, 614 So.2d at 949 (citing Myers, 565 So.2d at 558). In fact, the Estate had challenged "for cause" all individuals who had been treated by Dr. Lee, and several of those individuals had been excused by the circuit court "for cause." Furthermore, Lowden's refusal to abide by the circuit court's instruction to disregard the lawsuit against Dr. Clark resulted in the repeated, prejudicial injection of that subject during jury deliberation.
¶ 23. For these collective reasons, this Court concludes that the Estate's right to a "fair, impartial and competent" jury was prejudicially compromised. Brown, 697 So.2d at 769. Lowden's lack of candor during voir dire, and subsequent disclosures and opinions which surfaced only in jury deliberation, "resulted in fundamental unfairness" to the Estate. T.K. Stanley, 614 So.2d at 954. Accordingly, this Court reverses and remands for a new trial.
¶ 24. This Court affirms the Circuit Court of Scott County's denial of the Estate's "Motion to Transfer Venue," its denial of several of the Estate's "for-cause" challenges, and its denial of the Estate's motion for mistrial based upon the improper question of counsel opposite. This Court reverses the circuit court's denial of the Estate's "Motion to Set Aside or Void Jury Verdict, to Void or Set Aside Final Judgment and for New Trial" as to juror misconduct, and remands for a new trial consistent with this opinion.
¶ 25.
WALLER, C.J., CARLSON AND DICKINSON, P.JJ., LAMAR AND PIERCE, JJ., CONCUR. KITCHENS, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY CHANDLER AND KING, JJ.
¶ 26. While I agree that the judgment should be reversed based on juror misconduct, I respectfully cannot join the majority opinion's unnecessary analysis regarding the other three issues. Because the issue of juror misconduct is dispositive, the remaining issues are moot, and any discussion regarding them is advisory in nature. The proper disposition in this case is "reversed and remanded;" but because the majority affirms in part, I cannot fully concur with the result.
CHANDLER AND KING, JJ., JOIN THIS OPINION.
Gladney v. Clarksdale Beverage Co., Inc., 625 So.2d 407, 418 (Miss. 1993). In fact, we take this opportunity to remind the bench and bar of the entire "method to uniformly execute juror inquiry, under [Mississippi Rule of Evidence] 606(b)" outlined in Gladney. Id. at 418-19.