Constance Wright and Augustus Wright, Jr., Plaintiffs-Respondents v. Samuel Bernstein and Walbern Manufacturing…

Summary

The Supreme Court of New Jersey reversed the trial court’s judgment and remanded for a new trial, holding that the denial of a mistrial after a juror gave a false answer on voir dire violated the parties’ right to peremptory challenges. The majority reasoned that such false answers deprive counsel of the opportunity to exercise peremptory challenges and constitute a fundamental error requiring reversal. Justice Jacobs, joined by Justice Burling, dissented, contending that the procedural error was harmless and that a new trial should be granted only when substantial justice is affected.