Avila v. City of New York

Judgment, Supreme Court, New York County (Eileen Bran-sten, J.), entered June 5, 2008, after a jury verdict awarding $8 *445million in damages to the infant plaintiff, unanimously reversed, on the law, without costs, the award vacated, and the matter remanded for a new trial.

Several hours after the jury commenced deliberations in this medical malpractice case, juror number three, the only female on the jury, ran out of the jury room stating, “I’m not going back there again. . . . I’m starting to physically fight and I’m not going to be in the room.” A court officer took the juror to the robing…