FITZPATRICK v. ALLEN


410 Mass. 791 (1991)

575 N.E.2d 750

BRIAN FITZPATRICK & others vs. JOEL W. ALLEN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

August 6, 1991.


Attorney(s) appearing for the Case

Andrew C. Meyer, Jr. (Elizabeth N. Mulvey) with him for the plaintiffs.

Timothy P. O'Neill (Marcia K. Divoll with him) for Joel W. Allen.

Frank E. Reardon (Kimberly L. Nelson with him) for Stephen J. Sandler.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR & GREANEY, JJ.


LIACOS, C.J.

We are asked in this case to decide what standard should be applied by a judge when ruling on a motion for a new trial in a civil case where an extraneous "disturbing influence" has been present during jury deliberations. We have recently considered this issue in Markee v. Biasetti, ante 785 (1991).

This medical malpractice case was tried to a jury for about two weeks. There was evidence...

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