Cohen v. Baxter

Fletcher, Presiding Justice.

Susan and Timothy Baxter sued Dr. David Cohen for medical malpractice. The jury returned a verdict for Cohen and the Baxters appealed. The Court of Appeals reversed, holding that the trial court erred in denying a challenge for cause against a juror who was a current patient of Cohen’s. This Court granted certiorari and posed the following question,

Whether the Court of Appeals properly held that it is error to deny a challenge for cause when a potential juror has an ongoing relationship with an individual personal physician, and that physician is the defendant in a…