Ragusa v. Chi Yeung Lau

The opinion of the Court was delivered by

CLIFFORD, J.

This appeal explores the appropriate method for polling a jury in a civil case. Plaintiff Gaspare Ragusa and his parents sued Dr. Lau and other defendants not involved in this appeal, alleging medical malpractice. “Plaintiff” hereafter refers to Gaspare; “defendant” refers to Dr. Lau.

I

Plaintiff claims that Dr. Lau misdiagnosed a neck injury that plaintiff had suffered in a diving accident. At trial the court required a special verdict on the issues of negligence and proximate cause. Misreading the verdict, the foreman initially reported…