Isabelle v. Proctor Hospital

For the fourth time, this case is before this Court on a narrow issue, the alleged misconduct of a juror in expressing his opinion on the case to an outsider during the course of the trial. The initial appeal, taken before final judgment and based on four certified questions, was dismissed and the cause remanded for a factual determination of the matters involved. 129 Vt. 500, 282 A.2d 837 (1971). On remand, the trial court terminated the evidence prematurely and foreclosed the plaintiffs’ proof. A second remand followed. 131 Vt. 1, 298 A.2d 818 (1972). Upon this second remand, the same…