Fitzpatrick v. Allen

*792Liacos, C.J.

We are asked in this case to decide what standard should be applied by a judge when ruling on a motion for a new trial in a civil case where an extraneous “disturbing influence” has been present during jury deliberations. We have recently considered this issue in Markee v. Biasetti, ante 785 (1991).

This medical malpractice case was tried to a jury for about two weeks. There was evidence of the following facts. On May 21, 1982, Debra Fitzpatrick, anticipating the birth of her son, Brian, was admitted to Mount Auburn Hospital for treatment of pregnancy-induced hypertension. Mrs.…