‘Same-Juror’ Rule Applies to Sequential Interrogatories.

The Ohio Supreme Court held that only those jurors who find negligence can also vote on whether there was proximate cause. 

The plaintiff brought a medical malpractice/wrongful death action against the defendant-hospital. At trial, six jurors found the nurse anesthetist was negligent. 

The trial court ruled that only those six jurors who found negligence could vote on whether the nurse anesthetist’s negligence proximately caused the alleged wrongful death. Those jurors found there was no proximate cause. 

The Second District Court of Appeals reversed the decision and remanded for a new trial. 

The Supreme Court of Ohio held that the “same-juror” rule applies in all negligence cases where the jury answers sequential interrogatories that separate the elements of negligence. This means the same three-fourths of jurors must concur on all elements for a valid verdict. 

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