Ertsgaard v. Beard

The issues in this medical malpractice case are (1) whether a juror’s failure to reveal in voir dire examination that the defendant doctor had successfully treated a member of the juror’s family constituted juror misconduct, and (2) whether the same juror’s statements to other jurors during deliberations that the doctor had so treated others constituted juror misconduct. The trial court found both actions to be misconduct and granted a new trial. The Court of Appeals held that neither circumstance justified ordering a new trial and reversed the trial court’s order. Ertsgaard v. Beard, 97 Or…