Brines by and Through Harlan v. Cibis

LIMBAUGH, Judge.

This appeal arises from an action brought on behalf of Sheila Brines, a minor, against Gerhard Cibis, M.D., and King Lee, M.D., for alleged negligence in the care and treatment of Brines’ congenital glaucoma. A jury returned a defendant’s verdict by a 9-3 vote, and the trial court entered judgment accordingly. Brines appealed to the Court of Appeals, Western District; thereafter, this Court granted transfer. The judgment is reversed.

Brines argues that the trial court erred in overruling her motion for a new trial because a juror who voted in favor of the defendants…