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JONES v. SISTERS OF PROVIDENCE IN WASH.

No. 67740-9.

994 P.2d 838 (2000)

140 Wash.2d 112

Frederick L. JONES, Sr., Respondent, v. SISTERS OF PROVIDENCE IN WASHINGTON, INC., a Washington corporation d/b/a Providence Medical Center and Providence Family Medical Center; Susan Lo, M.D.; and Richard G. Foutch, M.D., Petitioners.

Supreme Court of Washington, En Banc.

Decided March 9, 2000.

Attorney(s) appearing for the Case

William Robert Hickman, Margaret Sundberg, Mary Spillane, Seattle, Ruth Rocker, Janet Schroer, Portland, OR, for Petitioners.

Lembhard Howell, Seattle, for Respondent.

IRELAND, J.

The sole issue before this court in this medical malpractice action is whether reversal was required because an alternate juror participated in deliberations. We hold that under the facts of this case it was prejudicial error requiring reversal.

I.

Facts

In June 1995, Frederick Jones brought a medical malpractice action against Drs. Susan Lo and Richard Foutch claiming that they were negligent for failing to diagnose Jones'...

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