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