Isabelle v. Proctor Hospital, Inc.

This is a medical malpractice action tried by jury which returned a verdict for the defendants. During trial alleged acts of misconduct by one juror were brought to the attention of the court by plaintiffs’ motion supported by an affidavit. The plaintiffs moved that the juror be discharged and replaced by one of the alternate jurors. The defendants agreed with the motion, but it was denied by the court without inquiry into the facts.

After verdict the plaintiffs moved for a new trial on four grounds, two of which related to the issue of the improper conduct of the juror in question. In this…