Burtch v. Shah

OPINION OF THE COURT

Lawton, J.

The trial in this medical malpractice action ended with a verdict (5-1) of no cause of action in favor of defendant after approximately two days of jury deliberations. Fifteen days later two of the jurors provided affidavits to plaintiffs’ counsel stating that a court attendant named "Joe” was taking luncheon orders when the foreperson was writing a note to advise the Trial Judge of the jury’s inability to render a verdict. When "Joe” was informed by the jurors of the intended note, he allegedly told them that they must continue deliberations until a verdict was…