Negligence : Medical Negligence - Juror Nondisclosure

Stephanie Maniscalco//August 14, 2013//

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Where plaintiffs in a medical negligence case moved to strike a juror prior to opening arguments, claiming that information discovered during an Internet search showed nondisclosure, the trial court improperly found the motion to substitute the juror to be untimely, but the court did not err in denying the plaintiffs’ post-trial motion because the plaintiffs did not provide the Internet materials for appellate review, and the plaintiffs did not request to question the juror or ask the court to question her to preserve the argument.

Judgment is affirmed.

Rupard v. Prica (MLW No. 65400/Case No. WD75687 – 7 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Boone County, Rolf, J. (Aaron Smith, Columbia, for appellants) (John Roark, Columbia, and Phebe LaMar, Columbia, for respondents).

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