Bruckshaw v. Frankford Hospital (majority)Annotate this Case
This appeal arose from a medical malpractice action brought by Appellant Thomas Bruckshaw as Administrator of the Estate of Patricia Bruckshaw (Decedent) and in his own right, against Appellees Frankford Hospital of Philadelphia (Frankford Hospital), Jefferson Health System, Inc., Brian P. Priest, M.D., and Randy Metcalf, M.D. The issue before the Supreme Court was whether a court was empowered to remove a principal juror without any reason and without any notice to the parties, and replace her with the last possible alternate, without notice, after all evidence was submitted and the jury had already retired to deliberate. Upon review, the Court concluded that the removal of a juror can only be done by a trial court, on the record, with notice to the parties, for cause. Furthermore, the Court concluded that the trial court committed reversible error for which the aggrieved party was not required to demonstrate prejudice.