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ISABELLE v. PROCTOR HOSPITAL, INC.

No. 126-73.

315 A.2d 241 (1974)

Gene ISABELLE and St. Elmo Ferrara, Trustee, v. PROCTOR HOSPITAL, INC., and Dr. William A. O'Rourke, Jr.

Supreme Court of Vermont, Rutland.

February 5, 1974.

Attorney(s) appearing for the Case

Bloomer & Bloomer, Rutland, for Plaintiffs.

Black & Plante, White River Junction, for defendants.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

KEYSER, Justice.

This is a medical malpractice action tried by jury which returned a verdict for the defendants. During trial alleged acts of misconduct by one juror were brought to the attention of the court by plaintiffs' motion supported by an affidavit. The plaintiffs moved that the juror be discharged and replaced by one of the alternate jurors. The defendants agreed with the motion, but it was denied by the court without inquiry into the facts.

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