McBride v. Sheppard

The plaintiffs appeal in a medical malpractice case. The sole issue is whether the trial court erred in denying the plaintiffs' motion for a new trial, which was based on the alleged illiteracy of one of the jurors, i.e., his inability "to read, speak, understand and follow instructions given by a judge in the English language." See § 12-16-60(a)(2), Ala. Code 1975.

The facts relevant to this appeal are as follows:

Pamela Faith McBride and Gerry McBride sued Dr. Raymond L. Sheppard, M.D., and Huntsville OB-GYN Associates, P.A., alleging that the defendants had negligently caused their son…