EICKMEYER v. DUNKIN DONUTS OF AMERICA

No. 86-1771.

507 So.2d 1193 (1987)

Petra EICKMEYER, Appellant, v. DUNKIN DONUTS OF AMERICA, INC., a Foreign Corporation and Amir, Sajad, Shaukat & Zeeshan, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

June 2, 1987.


Attorney(s) appearing for the Case

George W. Chesrow, Manuel A. Crespo, Miami, for appellant.

James C. Blecke and Susan S. Lerner, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.


SCHWARTZ, Chief Judge.

When the jury returned to the courtroom with a defense verdict in this trip-and-fall case, everyone was surprised to observe that it consisted of seven members.1 Unnoticed by counsel, the trial judge had neglected to excuse the alternate juror, Ms. Tunez. She had therefore retired to the jury room and, it was specifically ascertained, actively participated in the deliberations...

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