[DOWNLOAD] "Dunham v. Frank's Nursery & Crafts Inc." by United States Court of Appeals for the Seventh Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Dunham v. Frank's Nursery & Crafts Inc.
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 12, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 86 KB

Description

KANNE, Circuit Judge The issue in this case is whether the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986) forbids a private litigant in a civil case from exercising a peremptory challenge on racial grounds. Other circuits confronting this issue have reached opposite conclusions. In Fludd v. J.B. Dykes, 863 F.2d 822 (11th Cir. 1989), the Eleventh Circuit held that Batson applies to the exercise of peremptory challenges by a private litigant in a civil case. In a recent en banc opinion, the Fifth Circuit held that Batson is limited to criminal cases. Edmonson v. Leesville Concrete Co., Inc., 895 F.2d 218 (5th Cir. 1990) (en banc).1 We declined to resolve this issue in Maloney v. Plunkett, 854 F.2d 152, 155 (7th Cir. 1988) on the grounds that it was not ripe for decision in that appeal. Today, we join the Eleventh Circuit in holding that Batson forbids a private litigant in a civil case from exercising a peremptory challenge on racial grounds.2 Martha Dunham was injured in December of 1985 while shopping at Frank's Nursery & Crafts in Merrillville, Indiana. Mrs. Dunham received an electrical shock when she placed a Christmas ornament plug into a portable electric outlet. Frank's directed its customers to use the portable outlet to test the working condition of electrical ornaments prior to purchase. Martha Dunham brought a negligence suit against Frank's to recover for her injuries; her husband, Preston Dunham, asserted a claim for lost consortium and services of his wife due to her injuries. Jurisdiction in federal court was based upon diversity of citizenship in accordance with 28 U.S.C. § 1332.3

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