Smotherman v. Cass Regional Medical CenterAnnotate this Case
Plaintiff was injured after she slipped and fell in a bathroom on the premises of Cass Regional Medical Center (Defendant). Plaintiff filed a petition for damages against Defendant, and the case was tried to a jury. The jury returned a verdict for Defendant. After trial, Plaintiff’s attorney discovered that one of the jurors had Googled the weather for the day of Plaintiff’s fall. Plaintiff subsequently filed a motion for a new trial, alleging juror misconduct. The trial court overruled Plaintiff’s motion, concluding that the presumption of prejudice had been rebutted. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in concluding that Plaintiff was not prejudiced by the juror’s misconduct based on the testimony of the non-offending jurors and the record as a whole.