Tillery v. Richland

The plaintiff sued Dr. Richland for medical malpractice, alleging that Richland performed unnecessary surgery and withheld information about a cancer diagnosis in order to earn medical fees, and sought punitive damages on a theory that this conduct was malicious and intentional. The jury returned a verdict of no liability in Dr. Richland's favor, reached early in deliberations. After trial, the plaintiff moved for a new trial on grounds of juror misconduct and concealed bias. In opposition, the defense submitted declarations from several of the accused jurors averring that the jury had taken extensive notes, decided the case on the evidence and the court's instructions, and had the verdict forms read aloud before reaching its verdict.