Phillips v. Meadow Garden Hospital, Inc.

Clark, Judge.

This appeal by trial court plaintiffs questions the legality of a judgment for defendants entered upon a verdict rendered by ten out of twelve jurors. Such less-than-unanimous verdict was based upon a stipulation by the parties "That the decision or vote of ten of the jurors be taken as the verdict of the jury on all issues.” If we conclude that such verdict is valid, we are then called upon to determine if such stipulation which had been approved by the court below is binding upon the minor litigants.

Plaintiffs were a widower and his two minor children who sued for the alleged…