Keener

We granted review to address issues concerning a trial court’s polling of a civil jury pursuant to Code of Civil Procedure section 618 (hereafter section 618) after rendering a verdict. This statute provides that if “more than one-fourth of the jurors disagree” with a verdict upon polling, “the jury must be sent out again” for further deliberation, “but if no disagreement is expressed, the verdict is complete and the jury discharged from the case.” (Italics added.) We conclude that a juror’s silence at polling, brought about by the trial court’s failure to poll that particular juror on one of several special verdict questions, does not constitute an expressed disagreement with the verdict under section 618, and hence does not prevent the trial court from accepting the verdict as complete and discharging the jury. We further conclude that a party’s failure to object to incomplete polling before the jury is discharged forfeits any claim of irregularity in polling procedure.

I

Scott Keener was killed while riding his motorcycle when a truck driven by Hector Solis, an employee of Jeld-Wen, Inc. (collectively, defendants), pulled away from a stop sign directly into Keener’s…