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Kestersonv.Jarrett

CourtSupreme Court of Georgia
Docket No.S11G0590
DecidedJune 18, 2012
Reporter291 Ga. 380; 728 S.E.2d 557; 2012 Fulton County D. Rep. 1865; 2012 WL 3517302; 2012 Ga. LEXIS 567
JudgesSupreme Court of Georgia
Tags
CivilTort LawMedical MalpracticeConstitutional LawDue ProcessFirst ImpressionReversalRemandDissent
Case Summary

Kyla Kesterson, a child with severe cerebral palsy, sued medical providers with her parents, alleging that negligent handling of fetal distress caused her injuries. After bifurcating liability and damages, the trial court excluded Kyla from almost all of the liability trial because her condition might evoke jury sympathy and she could not meaningfully participate; the jury found for the defendants. The Court of Appeals adopted a narrow federal test for excluding an impaired civil party and affirmed. The Georgia Supreme Court reversed, holding that a natural party has a fundamental right to be present during her own civil trial, even when she is legally incompetent, cannot fully understand the proceedings, or may evoke sympathy. The court held that exclusion based solely on those concerns is impermissible: courts should use voir dire, evidentiary rulings, limits on argument, and tailored jury instructions to protect impartiality. Exclusion remains available for genuine courtroom disruption or comparable grounds, but not merely because of disability or appearance. The court remanded for a new trial. Justice Melton dissented, endorsing the narrow federal approach.

Opinion

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