Crespo v. Cook

Jury verdict in this malpractice action was for defendant. Plaintiff’s motion for new trial was granted solely on the grounds of irregularity in the proceedings of the jury and misconduct of the jury. (Code Civ. Proc., § 657, subds. 1 and 2.) Defendant appeals from this order.

The claim of misconduct and irregularity is based wholly upon the actions of juror Myra Lewis. On voir dire, she testified that she had been a registered nurse most of her life, but that for the “last year or two” she had been a building manager. She was not asked what type of building she managed. She was asked in some…