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ZEQUEIRA v. DE LA ROSA

No. 91-2909.

627 So.2d 531 (1993)

Marcos A. ZEQUEIRA, M.D., Appellant, v. Lourdes DE LA ROSA, as Personal Representative of the Estate of Manuel De La Rosa, deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 5, 1994.

Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas, Philip D. Parrish and Marlene S. Reiss, Miami, for appellant.

Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno, Herman J. Russomanno, and Michele A. Maracini, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

The defendant Dr. Zequeira won a jury verdict in his favor in a medical malpractice action. He now appeals from an order granting the plaintiff a new trial on the grounds of juror misconduct during voir dire examination. We reverse.

The order below was based on the fact that juror Edmonson, the foreman, had not responded to inquiries in voir dire about prior "lawsuits,"1 although, as was revealed

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