Legal Opinion

Matlock v. St. John's Clinic, Inc.

Missouri Court of Appeals

Decided April 3, 2012No. Nos. SD 31398, SD 31438PublishedCited by 3 opinions

1Opinion of the Court

DANIEL E. SCOTT, Judge.

Greg Matlock lost his medical malpractice case by an 11-to-l verdict. He sought a new trial, offering juror testimony to support his claims of juror misconduct and nondisclosure. Over objection, the trial court considered the juror testimony and granted relief. We conclude this was error and abuse of discretion. We reverse and remand with instructions to enter judgment on the jury’s verdict.

Background

After the trial, Matlock submitted two juror affidavits, the gist of which follows. During deliberations, jurors began to consider damages before liability was decided.…

2Cases cited20 opinions

  1. Fleshner v. Pepose Vision Institute, P.C.Supreme Court of Missouri · 2010
  2. Storey v. StateSupreme Court of Missouri · 2005
  3. Williams Ex Rel. Wilford v. Barnes HospitalSupreme Court of Missouri · 1987
  4. Strong v. StateSupreme Court of Missouri · 2008
  5. State Ex Rel. Great American Insurance Co. v. SmithSupreme Court of Missouri · 1978

15 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. LewisMissouri Court of Appeals · 2012
  2. Kristine Smotherman v. Cass Regional Medical CenterMissouri Court of Appeals · 2015
  3. Northeast Neighbors Coalition and TJFA, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, L.L.C., Texas Court of Appeals, 3rd District (Austin)2013

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