Yanes v. Sowards

The issue here is whether the trial court abused its discretion by dismissing a juror whose grandfather was ill and not expected to live, and proceeding with only eleven jurors. We hold that it did not. We therefore reverse the court of appeals’ judgment and render judgment that respondent take nothing.

Mollie and G.A. Sowards sued Hector O. Yanes, M.D., alleging that Yanes operated on the wrong artery during Mollie’s coronary artery bypass surgery. During the second day of testimony, juror Christopher Obregon notified the trial court that his grandfather was in the hospital dying from an…