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ISABELLE v. PROCTOR HOSPITAL

No. 104-74.

333 A.2d 118 (1975)

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

Supreme Court of Vermont, Rutland.

February 4, 1975.

Attorney(s) appearing for the Case

Bloomer & Bloomer, Rutland, for plaintiffs.

Black & Plante, White River Junction, for Proctor Hospital.

Richard E. Davis Associates, Barre, for Dr. William A. O'Rourke, Jr.

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

LARROW, Justice.

For the fourth time, this case is before this Court on a narrow issue, the alleged misconduct of a juror in expressing his opinion on the case to an outsider during the course of the trial. The initial appeal, taken before final judgment and based on four certified questions, was dismissed and the cause remanded for a factual determination of the matters involved. 129 Vt. 500, 282 A.2d 837 (1971). On remand, the trial...

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