Livengood v. Kerr

This is an appeal by the appellants, Richard S. Kerr, M.D., and Robert Greco, M.D., from a final order of the Circuit Court of Monongalia County entered on November 21, 1988, which set aside a verdict in favor of the appellants and granted a new trial. The appellants contend that: (1) the affidavits of the jurors should not have been considered for the purpose of impeaching the verdict; (2) there was no concealment by one of the jurors on voir dire; (3) the jurors’ claim that they were confused about the verdict form is intrinsic to the deliberative process and cannot be used to impeach the…