Free Motion to Enforce - District Court of Arizona - Arizona

A. James Clark, #002901 CLARK & MOORE 2 256 South Second Avenue, #E Yuma, AZ 85364 3 Telephone (928) 783-6233
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Attorneys for Plaintiff Rubecca Mikkelsen, etc.

John A. Micheaels -- 05917 BEALE, MICHEAELS & SLACK, P.C. 6 1440 E. Missouri Avenue, #150 Phoenix, Arizona 85014 7 (602) 285-1444
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Attorneys for Plaintiff Dennis Mikkelsen UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA
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RUBECCA MIKKELSEN, surviving) spouse of Kelly Mikkelsen, deceased,) on behalf of MILES MIKKELSEN,) JERRET MIKKELSEN and ALLISON) MIKKELSEN, the minor children of) Kelly Mikkelsen, deceased, and on) behalf of DENNIS MIKKELSEN,) natural father of Kelly Mikkelsen,) deceased; and on behalf of TAYLOR) R. FOX, a minor, by her next friend) and natural mother, TRACY FOX-) TANGA, ) ) Plaintiffs, ) ) vs. ) ) C O R R E C T I O N A L H E A L T H) RESOURCES, INC., a foreign) corporation; KENNETH L. FAIVER) and JANE DOE FAIVER, husband and) wife; JOSEPH EDWARD RICH, M.D.) and JANE DOE RICH, husband and) wife; DOES I through V, inclusive, ) ) Defendants. ) ______________________________ )

No. CIV 02-2252-PHX-JAT JOINT SET OF PROPOSED VOIR DIRE QUESTIONS

(Assigned to the Honorable James A. Teilborg)

Case 2:02-cv-02252-JAT

Document 242-7

Filed 10/17/2005

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The parties submit the following Joint Proposed Set of Voir Dire Questions and request that they be given by the Court: Lawsuit/Jury Experience 1. Have any jurors, members or their family or businesses in which they work

been sued in a lawsuit? 2. 3. 4. 5. Details of any such suit other than domestic relations? Did the case go to trial? Did the juror testify in deposition or at trial? Has any juror sat previously on a civil or criminal case? If yes, describe the

nature of the case; how they voted; and the outcome. 6. Has any jury, family member or friend ever filed a claim or suit for personal

injury or wrongful death? If so, please describe the nature of claim and outcome.

Death of Loved One, Family Member or Close Friend/Lawsuit for Wrongful Death 1. Have any of you or members of your family lost a loved one, family member or

close friend within the last ten years? 2. This is a claim arising out of the death of Kelly Mikkelsen who died on

October 11, 2001 while incarcerated at the Yuma County Detention Center. This claim is brought by Kelly Mikkelsen's surviving wife, Rubecca Mikkelsen, on behalf of Kelly's minor children and father. Do any of you have any problem or difficulty with a surviving spouse, surviving child and/or surviving parent bringing a lawsuit and being compensated for the wrongful death of a spouse, parent or child? 3. At the time of his death, Kelly was serving a six month sentence at the Yuma

County Detention Center. Do any of you believe that because Kelly was in the custody of the Yuma County Detention Center that he was not entitled to receive appropriate medical care and attention?

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History with Parties/Witnesses 1. Has any juror or member of the juror's family worked for, been employed by

or associated with Defendant Correctional Health Resources, Inc.? If so, please explain in detail. 2. Does any juror have family or friends who work or have worked for

Correctional Health Resources, Inc.? If so, please establish who the person is, his/her position at CHR, and how well the juror knows the person. 3. Has any juror, family member or close friend been employed by a correctional

or detention facility? If so, please provide details. 4. Has any juror, family member or close friend ever been placed in custody or

incarcerated in any correctional or detention facility for any reason? Is so, please explain in detail. (The parties request that this inquiry be made privately and outside the presence of any other prospective juror so as to not embarrass and/or offend any prospective juror).

Medical/Legal Work History 1. Has any juror, family member or close friend ever worked in the medical or

healthcare field including 1) large corporate health care institutions, e.g., CIGNA, Intergroup, etc.; 2) a hospital or physician's office; and/or 3) a job requiring the juror to keep or study medical records? If so, please explain in detail. 2. Has any juror, family member or close friend ever worked for a healthcare

provider or healthcare facility in any capacity? If so, please explain in detail. 3. Has any juror, family member or close friend received any training in the

medical or healthcare field? If so, please explain in detail. 4. Has any juror, family member or close friend worked in the legal field in any

capacity, including people involved in resolving claims, such as a claims adjuster? If so, please explain in detail.

Medical Issues
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Has any juror, family member or close friend ever overdosed on medication?

If so, please explain in detail. (The parties request that this inquiry be made privately and outside the presence of any other prospective juror so as to not embarrass and/or offend any prospective juror). 2. Has any juror, family member or close friend attempted to commit suicide,

experienced serious suicidal thoughts or received treatment/counseling for suicide/suicidal thoughts? If so, please explain in detail. (The parties request that this inquiry be made privately and outside the presence of any other prospective juror so as to not embarrass and/or offend any prospective juror). 3. Has any juror, family member or close friend had an experience with a

healthcare provider (including hospital, physician and/or nurse) where you felt there was a failure to provide proper medical and/or nursing care or treatment for a medical condition? If so, please explain the circumstances and the outcome. 4. Has any juror, family member or close friend had an experience which you

thought reflected the rendering of substandard of care by a physician, nurse or other healthcare provider? If so, please explain the circumstances and the outcome. 5. Has any juror, family member or close friend had an experience that resulted in

your being dissatisfied or angry with a healthcare provider? If so, please explain the circumstances and the outcome.

Civil Justice System Issues 1. Although this is a serious case, it is a civil case and not a criminal case. Do all

of you understand that in this case the burden of proof is the weight of the evidence or preponderance of the evidence and not proof beyond a reasonable doubt as in a criminal case? 2. Do any of you have any difficulty or problem with the concept in our civil

justice system that if someone does something wrong that results in injury or death to another, it is reasonable and fair that they should be held accountable for and pay for that
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injury or death in the form of money damages? If so, please explain in detail. 3. Do any of you believe or feel that no lawsuit should ever be brought for money

damages to hold a defendant accountable for causing another's wrongful death? If so, please explain in detail. 4. Do any of you believe that there should be limits or caps on money damages

that the jury is empowered to award against the defendant for causing the wrongful death of another person? If so, please explain in detail. 5. Does any juror have any feelings, one way or the other, about lawyers who

represent people who bring cases for the wrongful death of persons? If so, please explain in detail. 6. Do any of you believe that a healthcare provider which is in the business of

healthcare, healthcare providers should not be held legally accountable or responsible for medical negligence, when that medical negligence leads to the death of a patient? If so, please explain in detail.

General Bias 1. Do any of you have any preconceived ideas that you feel might affect your

decision? If so, please explain in detail. 2. Do any of you feel that you would have difficulty keeping an open mind and

being fair to all parties? If so, please explain in detail. 3. Is there any juror who would be unwilling to award a verdict in the millions of

dollars in favor of plaintiffs regardless of what the evidence shows the facts to be and the damages suffered by the plaintiffs to be? If so, please explain in detail. 4. Is there any reason, whether it concerns something that I have mentioned or

not, why you feel you could not be impartial and fair to all parties in this case, basing your decision on the evidence alone and the instructions of law I will give you and not on any prejudice or bias? If so, please explain in detail. 5. Based upon all the questions you have been asked, is there any juror who
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would not want to have yourself ­ that is, a person in your frame of mind ­ sitting in the jury box and judging your case if you were one of the plaintiffs in this case? 6. Is there any life experience that you as a prospective juror believe may cause

you not to be able to render a fair and impartial decision in this case? Divorce 1. At the time of Kelly Mikkelsen's death, Kelly and his wife, Rubecca

Mikkelsen, were married but were in the process of going through a divorce. Do any of you believe that you would be unable to render a fair and impartial verdict or award a proper amount of damages to Kelly's minor children or to Kelly's father because Kelly and Rubecca were in the process of going through a divorce at the time of Kelly's death? If so, please explain. 2. Do all of you understand that in this case Kelly's surviving wife, Rubecca

Mikkelsen, is not bringing a claim for damages for herself but only for Kelly's minor children and father?

Miscellaneous 1. Do any of the prospective jurors know one another? If so, please explain in

what setting and context? DATED this day of October, 2005. BEALE, MICHEAELS & SLACK, P.C. By___________________________________ John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen CLARK & MOORE

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By A. James Clark 256 S. Second Ave., Suite E Yuma, AZ 85364 Attorneys for Rubecca Mikkelsen, et al.

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RENAUD, COOK, DRURY & MESAROS, P.A. By

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James W. Barnhouse One N. Central, Suite 900 Phoenix, AZ 85004 Attorneys for Defendants Correctional Health Resources, Inc., Faiver and Rich ABOUD & ABOUD By

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Michael J. Aboud 100 N. Stone Ave., Suite 303 Tucson,AZ 85701 Co-Counsel for Plaintiff Fox BOYTE & MINORE, P.C.

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By Mary K. Boyte 150 W. Second Street Yuma, AZ 85364 Co-counsel for Plaintiff Fox

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Original/Copy of the foregoing mailed/ delivered this ___ day of October, 2005, to: Clerk of the U.S. District Court 401 West Washington Street Phoenix, Arizona 85003

Honorable James A. Teilborg U. S. District Court 401 West Washington Street 6 Phoenix, Arizona 85003
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By____________________________
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