Thompson v. Presbyterian Hospital, Inc.

OPALA, Justice:

This appeal in a medical malpractice case presents two questions: [1] Was the plaintiff’s evidence sufficient to withstand the surgeon’s demurrer? and [2] Was there prejudicial error in allowing an additional set of three peremptory jury challenges to multiple defendants whose respective posture, vis-a-vis each other, was not shown to be in a state of “serious” conflict? We hold that (a) the surgeon’s demurrer was properly sustained, and (b) prejudice to the plaintiff *262is to be presumed from allowance of additional peremptory challenges when none of the multiple defendants has…