Hatin v. Mitjans

This is an appeal by the plaintiff Martha M. Hatin from a trial court order entered after this court remanded the cause to the trial court with directions (1) to allow the defendants to adduce evidence by examining the trial jurors in the case to overcome the rebuttable presumption of prejudice which arose from an unrecorded, pre-verdict communication between the previous trial judge and the jury foreman in the presence of other jurors in this medical malpractice case, and (2) after receiving such evidence, to determine whether this unrecorded pre-verdict, judge-juror communication was…