Isabelle v. Proctor Hospital

In a prior proceeding in this case, reported in 129 Vt. 500, 282 A.2d 837 (1971), the conduct of a juror was challenged as improper, sufficiently so to invalidate the verdict. By order of this Court the matter was remanded for investigation of the allegations. of misconduct, in order to rule on the associated motion for a new trial.

The original action was a malpractice case involving several defendants. The trial lasted six weeks and resulted in a verdict exonerating the defendants. In the midst of the trial the plaintiffs requested that a particular juror be discharged and one of the…