A divided state appeals court has upheld a jury verdict in favor of a medical malpractice plaintiff while conceding that jurors were not polled individually in the manner in which the defense attorney should have requested. A 3-2 panel of the Appellate Division, Fourth Department, ruling from Rochester in Holstein v. Community General Hospital of Greater Syracuse, CA 10-02146, said that Supreme Court Justice James P. Murphy in Onondaga County was correct in upholding that the jury in the 2010 trial had indicated that it agreed with the verdict—$1.69 million to plaintiff Tina M. Holstein.
“Following jury’s announcement of the verdict, ‘defense counsel ask[ed] that the jury be polled,’ to which the court responded, ‘Jury be polled, they have responded. …Jury be polled, they have signed. They each have individually signed.’ Defense counsel then stated, ‘Okay. All right. Thank you.’”
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