After voir dire, a 12-person jury was impaneled, and 2 alternate jurors were selected, for jury trial alleging that resident of long-term care facility suffered multiple necrotic pressure ulcers. Court retained 2 alternate jurors through deliberations. Court erred in, after deliberations had already begun, replacing a holdout juror with an alternate juror. After jury sent three notes to court, advising of deadlock in deliberations, court's only valid options at that point were to instruct jury to continue deliberating, or declare a mistrial. Plaintiff was prejudiced by court conducting inquiry into holdout juror's alleged bias, as remaining jurors were then exposed to outside influences of juror inquiry, and injury also disclosed deliberations to the parties.(CARTER and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Jury Deliberations