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Bkprbob's Blog

What Do I Do With This?

Monday, 9. November 2009

Jury Duty

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I thought my luck would run out and I was right. I reported for jury duty as per my summons. There were many people there and some us were given blue badges and some yellow. After about an hour a group of people wearing blue badges were sent upstairs to one of the courtrooms. A little while later some of the yellow group, which was my badge color, were allowed to go home. There were still many blue badges left and some of us yellow. After about 3 hours I was part of a group that went up to a courtroom. We were told what the trial was going to be about and were asked some questions. We were given a lunch break of a little over an hour. When we returned some more questions were asked and then we were all told to leave the room.

When we were brought back in the jury panel was selected. When the judge started to read off numbers he started at the lowest of our group. As he proceeded to read off numbers I could tell I would most likely be chosen. My number was called and I walked up to the jury box. The remaining people were told they could go home.

The trial was about an easement. A small construction company had property which had an underground natural gas pipeline running through it. The easement indicated what could be done on the property and that permission had to be obtained from the pipeline company to build anything on top of the pipeline. The construction company wanted a new road and a parking area. The pipeline company indicated the road had to be 6 inches of concrete over gravel and the parking lot had to be gravel. A representative from the pipeline company had to be present when the work was being done. The construction company got a drawing approved from the county and they began work but they didn't wait for the pipeline rep. When the rep saw what had already been done the pipeline company told them to stop. They stopped for a while but went on ahead anyway. They put in a road with 12 inches of concrete and they built a paved parking lot. The pipeline company file suit.

The suit was for 1 million dollars. The pipeline company indicated that the construction company was in breach of the encroachment agreement on the easement. The pipeline company indicated that it would be much more difficult to get to the pipe going through 12 inches on concrete rather than 6. Also since the parking lot over part of the pipeline was paved it would force any gas that may leak to find an escape route. The parking lot was built sloped away from the building which is good for water drainage but bad for gas as it would move to the building.

The construction company tried to argue that 12 inches of concrete would be better in protecting the pipeline from heavy trucks. They also said that readings had been done since the construction and showed no evidence that any damage had been done. They did not seem to be worried about the gas that could possibly leak into their building. As they trial progressed and they seemed to realize they would probably lose they indicated they could dig up the parking lot and road covering the pipeline and replace it with gravel.

We heard witnesses from both sides and it was interesting at times to see how the lawyers would try to discredit the testimony of the other side. We were given some technical information which was a little difficult to understand at times but on the whole they explained it so most of us could understand it. We heard closing arguments on the third day and then went to the deliberation room. It was almost lunch time when we started our deliberation and after about a half hour the bailiff came in with pizza, salad, bread, and soda for us. We did work while eating and made our decision in about 2 hours. We went back into court and the judge read the decision. He then had us go back to the deliberation room. He came in later and thanked us for our service and asked if we had any questions. We were each given a certificate and then allowed to leave.

There is a lot of waiting with jury duty. You wait to be sent to a courtroom. The trial may reach a point and then stop for a break or the lawyers and judge may talk out of range of your hearing. We were given a time to come back from lunch but never started on time. It is kind of frustrating too in that you are not allowed to ask a question during the trial. We were not allowed to take notes. We asked about that after it was over and the judge said it seems to work out better and faster to rely on the collective memory of the jury. If everyone had notes a lot of time would be spent going over them.

We were lucky on a way. The other group that started the same day were still going through the jury selection process on the third day. They were going to hear a wrongful death suit. They said that the trial was expected to last 3 weeks. I would think it would be difficult for most working people to miss that much work. I am glad I got the trial that I did as 3 days isn't so bad.

We did side with the pipeline company but did not award them all that they were looking for. We were given no information as to why they need a million so we awarded them half plus court costs.