Juror Misconduct

The Madison St. Clair Record has an article on a medical malpractice case that is in its sixth day of the second time trying the case. The case alleges failure to diagnose skin cancer.

Interestingly, the first case ended in a mistrial after a defense verdict when it was discovered that a juror lied about his role in two pending personal injury lawsuits. Usually, when the issue of jury honesty in voir dire is raised, it is almost invariably the defendant after a plaintiff’s verdict.

The article also provides some highlights from this medical malpractice trial including this one: “So, you think there are some situations where the doctor can play Russian roulette with the revolver?” As you can imagine, this one drew an objection.