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Brooks v. Zahn8/20/1991
The primary issue on appeal is whether the trial court abused its discretion by denying appellants' motion for new trial, which alleged that a juror concealed her bias and prejudice on voir dire and introduced extraneous prejudicial information into jury deliberations. We find no abuse of discretion and affirm the judgment.
I.
On December 9, 1986, John Huston, M.D., and Beverly Huston (Hustons) brought a medical malpractice claim against F. Darwin Zahn, M.D., Charles M. Rucker, M.D., and various medical associations (the doctors), alleging that the doctors negligently provided Dr. Huston with surgical, antibiotic and follow-up care stemming from their treatment of his gastrointestinal bleed and infection following surgery. During the jury selection process, the trial judge conducted most of the questioning. The trial court inquired whether
any prospective juror was engaged in the practice of medicine, employed by a health care provider or a medical practice affiliation, or had any significant medical or health care education. A prospective juror, Marilyn Grabowicz (Grabowicz), responded that she was a retired registered nurse.
After Grabowicz answered the court's questions about her training and nursing experience, the following exchange occurred:
THE COURT: Now, this is a case in which there may be some claims with regard to some surgery on a gastrointestinal bleed and some problems with some infections that occurred to it over a period of time. In your 30 years of experience, would you have any special knowledge or education or experience with regard to something like that that might affect your ability to come in here, listen to the testimony, make up your mind based on the testimony and exhibits which come in before us?
MS. GRABOWICZ: I don't really think so.
During his follow-up questions to the jury, Hustons' attorney did not inquire further into Grabowicz's professional or personal experiences. The parties selected Grabowicz as a jury member.
After the jury returned a defense verdict, Hustons moved for a new trial on several grounds, including jury misconduct. Hustons supported their motion with juror Rosemary Amerson's (Amerson) affidavit. In the affidavit Amerson alleged that Grabowicz and other jurors emphasized Grabowicz's experience as a nurse; that Grabowicz stated her opinions regarding the administration of antibiotics to Dr. Huston, the appropriateness of the surgeries performed on Dr. Huston, the delays in referring Dr. Huston to others for additional surgery, and the length of time necessary for Dr. Huston's chest wall to heal; and that Grabowicz told other jurors that her husband had experienced a chest wall infection similar to Dr. Huston's infection.
The trial court conducted an evidentiary hearing to determine if Grabowicz introduced extraneous prejudicial information into the jury deliberations. During the hearing the trial court questioned Grabowicz and the other jurors regarding those statements that Grabowicz made concerning her husband's infection. The trial court did not question the jurors regarding those statements Grabowicz made based upon her medical knowledge.
Grabowicz acknowledged that during deliberations she said that her husband had suffered from osteomyelitis, which affected his leg, and that the infection drained for two to three years. Other jurors testified, with varying degrees of recollection, concerning the time at which and the context in which Grabowicz made her comments and their effect on the jurors' decision.
The trial court found that Grabowicz did not fail to
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