Elsner v. Birchall, M.D.

MARY J. BOYLE, J.:

{¶ 1} Plaintiff-appellant, Frederick S. Elsner, appeals the trial court's denial of his motion for a new trial and raises one assignment of error for our review:

The trial court erred in denying the Plaintiff's Motion for a New Trial based on juror misconduct and the manifest weight of the evidence.

{¶ 2} Finding no merit to his assignment of error, we affirm.

I. Procedural History and Factual Background

{¶ 3} In December 2014, Elsner visited Birchall and Associates, L.L.C., and underwent the Priapus procedure. 1 Dr. Curtis L. Birchall performed the procedure, and Elsner was…