Guy v. Vieth

OPINION

COOPER, Justice.

This is a medical malpractice case in which the plaintiffs brought suit against five defendants for the wrongful death of their daughter. The issue presented concerns whether allegedly improper contact between the trial judge and the jury requires a reversal of the jury verdict in favor of Dr. Vieth.

There is nothing in the trial transcript to indicate any contact between the judge and the jury without the attorneys and the court reporter being present. Paragraph 6(d) of the plaintiffs’ Motion for new Trial, however, does raise the issue, as follows:

During the course of…