Murff v. Pass

A venireperson who demonstrates "a general inability to follow the courts instructions regarding the law" is disqualified from serving on a jury. Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743, 751 (Tex. 2006); see TEX. R. CIV. P. 226a. In this health care liability case, following a confusing line of questioning about the burden of proof, a venireperson stated that he would hold the plaintiff to a clear and convincing standard of proof. Additional venirepersons raised their hands indicating that they agreed. Believing that the panel members were confused, and after informing the venire of the proper standard, the trial court refused to disqualify these venirepersons. A divided court of appeals held that the venirepersons were disqualified as a matter of law, and reversed and remanded the case for a new trial. ___ S.W.3d ___, ___. We hold that the trial court did not abuse its discretion in refusing to disqualify the challenged jurors, reverse the court of appeals judgment, and render judgment in the respondents favor in accordance with the jurys verdict.