Mahoney v. Podolnick

The opinion of the Court was delivered by

*205STEIN, J.

This appeal concerns a medical malpractice cause of action in which the trial court vacated the verdict of a seven-member jury and ordered a second trial. We granted certification primarily to consider whether a jury verdict must be invalidated when one juror allegedly fails to answer two of twelve interrogatories on the verdict sheet.

In 1992, petitioner Michael Mahoney, Administrator ad Prosequendum of the estate of his mother Elaine Brown, filed a medical negligence action against respondents Marvin Podolnick, M.D., a radiologist, and David…