Williams v. Lawton

The opinion of the court was delivered by

Luckert, J.:

This interlocutory appeal follow's a district judge’s decision to grant a new medical malpractice trial because of jury misconduct. More specifically, the district judge found the defendant was prejudiced by the jury’s agreement to average each juror’s assessment of negligence and to accept the resulting quotient as the jury’s verdict. Subsequently, the district judge certified three questions for interlocutory appeal; (1) Was it error to admit the testimony of the plaintiff s medical malpractice liability expert who had retired from…