Tomikia Davis v. Abbas Husain, M.D. (072425)

This appeal addresses a trial judge’s post-verdict ex parte discussion with the jury. During the discussion, one juror commented about a witness’s conduct when the witness took the oath prior to testifying. Counsel were informed of the comment. Concerns about the substance of the comment, as well as how it should have been handled, arose during post-verdict motion practice; those same concerns divided the Appellate Division majority and dissent in this appeal as of right.

Notwithstanding prior discouragement of such post-verdict ex parte discussions between a trial judge and jurors, the…