Soloway

BACKGROUND

I. Underlying Action and Motion to Remove Juror

Hill filed a complaint against defendants alleging that Dr. Stahl negligently clipped and cut the wrong artery and vein during a colectomy, causing her further harm. Dr. Stahl denied any negligence.

1 The case went to a jury trial. Both sides presented evidence and extensive expert testimony disputing the factual allegations. When the evidence concluded, Hill’s counsel gave a closing argument, reserving time for rebuttal. (See Code Civ. Proc., § 607.)1 Defendants’ counsel then made his closing argument. The trial transcript captures the conclusion of his statement as: “And when we talk about the scales of justice we talk about justice — I always get choked up about this part. But to do your job in this case, to do justice, I submit to you is to render a verdict in favor of Dr. Stahl. Thank you very much. Thank you, Your [sic] Honor.” After a lunch break, Hill’s counsel delivered rebuttal argument, and then the trial court gave the jury its final instructions and sent it to deliberate. It deliberated for about an hour and a half before the end of the day. The next morning, Hill submitted a written motion to remove Juror…