Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:04-cv-01056-EWN-MEH

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Filed 02/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01056-EWN-OES

CONNIE J. REYNOLDS, Plaintiff, v. COBE CARDIOVASCULAR, INC., Defendant. ________________________________________________________________________ DEFENDANT COBE CARDIOVASCULAR, INC.'S PROPOSED VOIR DIRE QUESTIONS ________________________________________________________________________ Defendant, COBE Cardiovascular, Inc., through its undersigned counsel, hereby submits the following proposed voir dire questions for use in the trial in the above-captioned matter: A. GENERAL BACKGROUND QUESTIONS 1. Are you presently employed? a. b. If so, state: Where? i. ii. c. If not: i. ii. Please identify your most recent employment, and Where? For how long? Describe your job duties and responsibilities.

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iii. iv. 2. 3. 4. 5. 6. 7.

For how long? Describe your job duties and responsibilities.

Do you or have you ever supervised any employees? Have you ever conducted a performance review of a subordinate? Have any of you ever been involuntarily terminated from employment? Are you married? What is your spouse's occupation and where is he/she employed? Have you ever worked in the health care profession? a. If so, in what capacity?

8.

Is anyone else in your family involved in the health care profession? a. If so, in what capacity?

9. 10. 11.

Do you have children? If so, what are their ages and occupations. Please describe briefly your educational background. Please describe any prior jury service whether criminal or civil. a. b. Were you able to reach a verdict? Was there anything about the prior jury service that you felt would impact or influence your ability to decide this case?

12.

Have you or anyone in your family ever been involved in the medical equipment industry?

13.

Have you or anyone in your family ever worked as a firefighter or another type of emergency personnel?

14.

Do you know any emergency personnel, such as firefighters or EMTs?

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15.

Have you ever been involved in any litigation? a. b. If so, what for? Were you a plaintiff, a defendant, or just a witness?

B.

GENERAL QUESTIONS ABOUT THIS CASE 1. 2. Do you know any of the attorneys or witnesses in this case? Have you ever filed a lawsuit against a prospective employer for terminating your employment? If yes: a. Please explain the basis for your lawsuit against any prospective employer. b. 3. What were the results of the lawsuit?

Have you ever had a relative or close friend who has sued an employer? If yes: a. b. Please explain in detail the circumstances and results. Do you believe this experience makes you unable to be fair in this case?

4.

Are you familiar with COBE Cardiovascular, Inc.? a. If so, how?

5.

Do you know anyone who has worked or is presently working at COBE Cardiovascular, Inc.?

6.

Have you ever applied for employment with COBE Cardiovascular, Inc.? If so: a. Please state when you applied.

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b. c.

Please state whether or not you were hired and the reasons therefore. Please state whether this experience in any way caused you to feel negatively towards COBE Cardiovascular, Inc.

7.

Have you ever complained about discrimination at work? If so, what happened as a result of your complaint?

8.

Have you or any of your immediate family ever been retaliated against for raising issues of discrimination with your employer? If so, is there anything about that experience that would influence your ability to render a fair and impartial verdict based solely on the evidence in this case?

9.

Have you or any of your immediate family members or close friends ever filed charges of discrimination against any employer? If so: a. b. c. Please explain the circumstances of such charge. Please explain the resolution of that charge of discrimination, if any. What was your role in the charge, if any?

10.

Have you or any of your immediate family ever been laid off, or involuntarily terminated from employment for reasons that you thought were discriminatory or retaliatory? If so: a. b. Please explain the circumstances. Please state whether you or the family member ever brought any charges or claims against the employer. c. If so, please explain the results of the charges or claims.

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11.

Have you ever been investigated for your conduct at work? a. b. c. d. What was the conduct that led to the investigation? What was the outcome of the investigation? Were you satisfied with how the investigation was conducted? With the outcome?

12.

Have you ever suffered a work related injury? a. If so, how did you feel you were treated by the company representative who handled this matter?

13.

Do all of you understand that COBE Cardiovascular, Inc. as a corporation, stands on an equal footing in this Court just like an individual person and that you must not consider the case any differently simply because the defendant is a corporation?

14.

Do all of you understand that defendant COBE Cardiovascular, Inc. has the right to come into court and defend itself against the plaintiff's claims and allegations?

15.

Do any of you believe that just because COBE Cardiovascular, Inc. has been sued in this case that they have done something wrong?

16.

Is there anything in your background, morals or your religious training which you believe would prevent you from deciding this case fairly and in accordance with the evidence and law?

17.

Do all of you understand that it is the plaintiff's burden to prove everything that the law requires her to prove in order to prevail in this case?

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18.

Do all of you understand that it is not the duty of the defendant, COBE Cardiovascular, Inc. to prove that it is not liable in this case?

19.

Will all of you hold the plaintiff to her burden of proof as instructed by this Court?

20. 21.

Do all of you understand that sympathy has no place in the trial of any case? Is there anyone on the panel who feels that they may have sympathy for the plaintiff simply because she alleges she has been retaliated against for raising discrimination issues?

22.

Do all of the jurors agree to follow the law as instructed by the judge as it applies to this case, even though you may personally disagree with it?

23.

Do all of the jurors understand that just because the plaintiff has asked for damages in this case, that there is no obligation to award plaintiff any damages unless she proves her case?

Dated this 8th day of February, 2006. Respectfully submitted, s/ Michael D. Nosler Michael D. Nosler, Esq. Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Telephone: (303) 623-9000 Facsimile: (303) 623-9222 E-mail: [email protected] Attorneys For Defendant COBE Cardiovascular, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on the 8th day of February, 2006, I electronically filed the foregoing DEFENDANT COBE CARDIOVASCULAR INC.'S PROPOSED VOIR DIRE QUESTIONS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John R. Olsen, Esq. Olsen & Brown LLC 8362 Greenwood Drive Niwot, CO 80503 Telephone: (303) 652-1133 Fax: (303) 652-3701 [email protected]

s/ Michael D. Nosler Michael D. Nosler, Esq. Attorneys For Defendant COBE Cardiovascular, Inc. Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Telephone: (303) 623-9000 Facsimile: (303) 623-9222 E-mail: [email protected]

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