Was Juror’s Failure To Disclose Information During Voir Dire ‘Misconduct’ Requiring a New Trial?
John C. Grundy, Administrator of the Estate of Susanne Cheryl Sumner, Deceased v. Jagprit Singh Dhillon, M.D., et al, Case no. 2007-1292 11th District Court of Appeals (Trumbull County) ISSUE: Did a juror’s failure to volunteer information about a previous visit to a hospital emergency room during pretrial voir dire (questioning of prospective jurors) constitute “misconduct” sufficient to require that the jury’s subsequent verdict be overturned and a new trial be conducted? BACKGROUND: This case challenges a ruling in which the 11th District Court of Appeals vacated a jury verdict in favor of the defendants in a Trumbull County medical malpractice case and remanded the case for a new trial. The court of appeals based its decision on a finding that one of the jurors engaged in misconduct that fatally tainted the outcome of the first trial when he failed to respond accurately to a question posed by the plaintiff’s attorney during voir dire. The case involved a malpractice claim filed aga
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