MacConnell v. Maricopa County Medical Society

OPINION

HATHAWAY, Chief Judge.

Appellant argues that the trial court abused its discretion in granting appellees a new trial. We agree and reverse.

This is an action for defamation. Appellant was employed by appellee Maricopa County Medical Society (Maricopa) for 24 years. Appellant then became an employee of one of Maricopa’s competitors. At trial, the jury found that Gerald Burbach, an employee of Maricopa, slandered appellant in a telephone conversation on August 2, 1977, and awarded damages in the amount of $45,000. The dispute on appeal concerns the composition of the jury and the…