Schilling v. Quincy Physicians and Surgeons Clinic, S.C.

Plaintiffs filed a medical malpractice complaint against the defendants and appealed after the jury returned a verdict in favor of the defendants. Plaintiff argued on appeal that the trial court abused its discretion in failing to declare a mistrial following the receipt of a note from one of the jurors and that the trial court abused its discretion in its polling of the jury. The appellate court affirmed and the supreme court granted the plaintiff’s petition for leave to appeal. The supreme court also affirmed, finding that when considering the applicable factors and the facts of the case, the trial court did not abuse its discretion in giving the jury a Prim instruction and denying plaintiff’s motion for a mistrial. The court also held that the trial court did not abuse its discretion by conducting a standard poll of the jury and not inquiring further of any of the jurors. (NEVILLE, THEIS, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)