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Tag Archives: Juror Misconduct

Comments between jurors not enough for new trial (access required)

In a case pitting the right to a fair trial against the sanctity of the jury system, the N.C. Supreme Court has ruled that juror affidavits detailing a fellow juror’s misconduct cannot support a plaintiff’s bid for a new trial. The Oct. 7 decision reverses findings by the trial court and state Court of Appeals. Both courts determined that affidavits from two jurors who accused a fellow juror of misconduct were admissible. The affidavits alleged that a juror had announced during the trial, and before hearing the plaintiff’s evidence, that he was going to side with the defendant and any attempts to change his mind would be futile. Raleigh attorney Robert O. Crawford III (pictured), represented the defendants in their appeal.

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Tort/Negligence – Medical Malpractice – Rule 59(a) – Juror Misconduct (access required)

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

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