LeFort v. Century 21-Maitland Realty Co.

I

The first issue presented for our consideration is whether a trial court commits reversible error when it violates the express mandate of Civ. R. 47(C) by failing to discharge an alternate juror at the time the jury retires for deliberations and when it then substitutes an alternate juror for *123an incapacitated regular juror after deliberations have begun.

Maitland, Active, Cardinal, and Nationwide concede that the trial court violated Civ. R. 47(C), which provides in part that “[a]n alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its…