Wiseman v. Armstrong

ROGERS, C. J., with whom KATZ, J.,

joins, dissenting. I agree with the conclusion in part I of the majority opinion that Practice Book § 16-32 clearly imposes a mandatory obligation on the trial court to poll the jury upon the timely request of either party. I respectfully *122dissent, however, from the conclusion in part II of the majority opinion that the trial court’s refusal to poll the jury upon the timely request of the plaintiff, Elaine Wiseman,1 is amenable to harmless error analysis. I disagree because there is no way to meaningfully assess the results of a poll that was not taken.…