Duffy v. Vogel

Catterson, J. (dissenting).

Because I find no ground whatsoever to depart from the bedrock principle that a litigant has an absolute right to have a jury polled prior to judgment being entered pursuant to a jury verdict, I must strenuously dissent. This position is an extremely difficult one, as I have no doubt that the jury’s responses to the special interrogatories indicated that the physicians committed no malpractice. Unfortunately, the trial judge’s inexplicable refusal to poll the jury necessarily requires a new trial.

At the conclusion of the medical malpractice trial, the court…