Hild, Administration of the Estate of Boldman v. Samaritan Health Partners

Docket number
2024 Ohio 3338
Date

Held that when jurors are presented with interrogatories that require them to separately decide the elements of a negligence claim, the same-juror rule applies, requiring the same three-fourths of jurors to agree on all questions comprising the verdict slip. The court reasoned that under the same-juror rule, jurors who do not find one element of a negligence action are not barred from participating in deliberation discussions about the other elements—they are prohibited only from voting on them. The dissent would have held that applying the same-juror rule in this way would violate the state constitutional right to a jury trial, which entitles a party to have a full jury deliberate on each question.

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