Berry v. Allgood

It is difficult not to say the juror misconduct in this case requires a new trial. The facts are these: In a malpractice suit against five physicians, several of the defendants, including Doctors Murphy and Dorton, had testified. Their appearance in court had not only alerted the jurors as to who they were, but by taking the stand and testifying they re-enforced the jurors’ knowledge of their presence, specifics of their background, and something of their personalities.

Five days of court ensued with repeated MAI 2.01 admonitions to the jurors not to comment on or discuss the case and…