Noteworthy

The Georgia Supreme Court granted a new trial to a plaintiff who lost a medical malpractice case before a jury.

The trial judge had communicated with jurors in response to a note without advising the parties. The note was not preserved .

The plaintiff was contacted by two jurors who expressed concern about the deliberations several weeks later

the unique circumstances of this case, which include the untimely and serendipitous disclosure of the communication to Plaintiffs or their counsel; Plaintiffs’ inability to make the actual note or response a part of the record; the differing recollections about the nature and timing of the communication; the failure to resolve the perceived conflicts; and the inability to make a determination that a verdict for Defendants was demanded, regardless of any effect of the communication on the jury, support Plaintiffs’ entitlement to a new trial.

The court also reversed the Court of Appeals and concluded that the defendant had failed to preserve evidence. (Mike Frisch)