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MAHONEY v. PODOLNICK

773 A.2d 1102 (2001)

168 N.J. 202

Michael MAHONEY, Executor and Administrator Ad Prosequendum of the Estate of Elaine Brown, deceased, and Michael Mahoney, individually, Plaintiff-Appellant, v. Dr. Marvin S. PODOLNICK and Dr. David Landset, j/s/a., Defendants-Respondents.

Supreme Court of New Jersey.

Decided January 31, 2001.

Attorney(s) appearing for the Case

Donald G. Targan, Atlantic City, argued the cause for appellant (Donald G. Targan & Associates, attorneys; Mr. Targan and Michael J. Pender, on the briefs).

James P. Savio, Absecon, argued the cause for respondent Dr. Marvin S. Podolnick (Mr. Savio, attorney; Mr. Savio and Sophia M. Canosa, on the brief).

Paul F. Schaaff, Jr. argued the cause for respondent Dr. David Landset (Orlovsky, Moody & Schaaff, attorneys).

The opinion of the Court was delivered by STEIN, J.

This appeal concerns a medical malpractice cause of action in which the trial court vacated the verdict of a seven-member jury and ordered a second trial. We granted certification primarily to consider whether a jury verdict must be invalidated when one juror allegedly fails to answer two of twelve interrogatories on the verdict sheet.

In 1992, petitioner Michael Mahoney, Administrator ad Prosequendum of...

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