2020 Ohio 3780
Ohio2020Background
- ReDon Jones died of a heart attack about a week after a negative treadmill stress test; his wife (Madora Jones) sued the cardiologist and Cleveland Clinic for malpractice.
- Trial occurred during a week; jury began deliberations Friday morning and sent multiple notes reporting deadlock (initially 4–4).
- A juror was excused for an emergency and an alternate seated; the court instructed the jury to restart deliberations with the alternate and to select a new foreperson.
- Later Friday night, the jury reported being deadlocked and was told it could adjourn and return Monday; shortly afterward the jury returned a verdict (6–2 for defense).
- A juror later sent a letter saying she and another juror changed votes to avoid returning Monday; the trial court refused to consider the letter under Evid.R. 606(B) and denied a new-trial motion; the court of appeals reversed.
- The Ohio Supreme Court reversed the court of appeals: it held the juror letter inadmissible under Evid.R. 606(B), found no abuse of discretion in the timing/refusal to give a Howard charge, and found no basis for a new trial; it remanded remaining pretrial and manifest-weight issues to the court of appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of juror's postverdict letter (Evid.R. 606(B)) | Letter shows juror compromised true vote to avoid returning and can impeach verdict | Evid.R. 606(B) bars juror testimony/affidavits about deliberative mental processes; letter is inadmissible evidence | Letter inadmissible; rule’s last sentence bars juror affidavit/evidence of statements about deliberations |
| Failure to give Howard charge (deadlock instruction) | Court should have sua sponte given Howard charge after juror notes and deadlock | Trial judge has discretion on timing; judge was going to give it and was better positioned to time it | No abuse of discretion; not plain error—timing reasonable given restart of deliberations and brief interval |
| Motion for new trial / mistrial based on jury fatigue/compromise | Verdict unreliable because jurors capitulated to go home; new trial warranted | No evidence of outside influence, threats, bribery, or officer impropriety; trial court did not abuse discretion | No basis for new trial under Civ.R. 59: no irregularity/misconduct or abuse of discretion shown |
| Remaining pretrial rulings and manifest-weight claim | Trial-court in limine ruling and failure to rule on discovery motions prejudiced Jones | Any alleged errors were not shown to be prejudicial; procedural presumptions may apply | Supreme Court remanded these issues (prejudice from in limine, unresolved discovery motions, and manifest-weight claim) to the court of appeals to decide first-instance questions |
Key Cases Cited
- State v. Howard, 42 Ohio St.3d 18 (Ohio 1989) (standard jury instruction for deadlocked juries)
- State v. Hessler, 90 Ohio St.3d 108 (Ohio 2000) (common-law rule bars juror testimony about deliberative processes)
- State v. Mason, 82 Ohio St.3d 144 (Ohio 1998) (juror deliberation privacy and finality of verdicts)
- State v. Schiebel, 55 Ohio St.3d 71 (Ohio 1990) (aliunde rule: outside evidence exception to juror testimony ban)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain-error doctrine in civil cases is narrowly applied)
- State v. Robb, 88 Ohio St.3d 59 (Ohio 2000) (purpose of Howard charge to encourage deadlocked jurors to reach verdict)
- State v. Brown, 100 Ohio St.3d 51 (Ohio 2003) (trial judge has discretion on jury instructions/timing)
- Jenkins v. Krieger, 67 Ohio St.2d 314 (Ohio 1981) (trial court’s discretion on new-trial motions)
- Hayward v. Summa Health Sys./Akron City Hosp., 139 Ohio St.3d 238 (Ohio 2014) (prejudice inquiry for admission/exclusion of evidence)
- State ex rel. The V Cos. v. Marshall, 81 Ohio St.3d 467 (Ohio 1998) (presumption a trial court’s unruled pretrial motion is denied)