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ERTSGAARD v. BEARD

CC 86C 10721; CA A47400; SC S36402.

800 P.2d 759 (1990)

310 Or. 486

Sean Paul ERTSGAARD, a Minor by and through Reid Alan Ertsgaard, His Conservator, Petitioner On Review, v. Duane G. BEARD, M.D., Defendant, and Amelia Allen, M.D., Respondent On Review.

Supreme Court of Oregon.

Decided November 8, 1990.

Attorney(s) appearing for the Case

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander & McCann, Salem, argued the cause for petitioner on review. With him on the brief was Donald W. McCann, Salem.

Kim Jefferies, of Wood Tatum Mosser Brooke & Landis, Portland, argued the cause for respondent on review. With her on the response to the petition was David C. Landis, Portland.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN, and FADELEY, JJ.

GILLETTE, Judge.

The issues in this medical malpractice case are (1) whether a juror's failure to reveal in voir dire examination that the defendant doctor had successfully treated a member of the juror's family constituted juror misconduct, and (2) whether the same juror's statements to other jurors during deliberations that the doctor had so treated others constituted juror misconduct. The trial court found both actions to be misconduct and granted a new...

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