Juries are one of the most important foundations in our legal system. Their role is to determine the truth behind the sometimes confusing legal language and provide justice. Juries rely on the information given to them by lawyers in the form of Jury Questions. However, when an alleged ambiguous term appears in the questionnaire, the court must determine if that specific word tainted the jury’s verdict.
Richard Bosarge filed a lawsuit against his employer Cheramie Marine to recover damages from injuries sustained on a voyage when using one of Cherami Marine’s utility vessels. Borsarge had applied to work at Cheramie Marine, and as part of the pre-employment physical, he was asked if he had any prior back pain or injury. Borsarge told Marine he did not, concealing that he had back pain, and sought medical care. While on board one of Marine’s vessels in July 2014, Bosarge claimed the captain encountered “high waves,” Bosarge was injured when the captain decided to go through them.
At trial, Cheramie Marine brought evidence that the waves were not, in fact, “violent,” and Bosarge’s pain was not from falling but from being seasick. Marine also brought in a medical expert who testified Bosarge’s pre-injury MRI scan looked worse than the post-injury MRI scan. The jury concluded they did not think Bosarge suffered an accident on July 18, 2014, and he did conceal material medical facts during the pre-employment medical examination and interview process. The trial court agreed with the jury’s findings.