Szymanski v. Cardiovascular Associates of Lake County, P.A.

Appellants, 1 plaintiffs in a medical malpractice action, appeal an adverse jury verdict and the trial court’s denial of their motion for new trial. They argue that the trial court erred by not allowing them to use their remaining peremptory challenges to backstrike members of the original jury after the alternates were chosen. They also contend the exclusion of their expert’s testimony, Dr. David Benditt [“Dr. Ben-ditt”], gave an unfair advantage to Cardiovascular Associates of Lake County, P.A. [“Appellee”], defendant below. 2 Because of the trial court’s error in jury selection, we reverse.