The plaintiff, August Bosman, who was the special administrator of the Estate of Joan Bosman, appealed from the denial of his motion for a new trial. The plaintiff argued that the court was in error in replacing a holdout juror with an alternative juror during jury deliberations.
The lawsuit was filed in June 2011 against Riverside Health System, d/b/a Miller Healthcare Center and Riverside Senior Living Center where it was alleged that Joan Bosman suffered multiple necrotic pressure ulcers while she was a resident of the long-term care facility operated by the defendant Riverside Health System.
During jury selection, one juror was questioned about whether she had been personally involved in or knew someone who was involved in an incident that resulted in personal injuries or damages and if the incident resulted in a lawsuit. This juror said her friend had filed a lawsuit against a nursing home after her friend’s mother died from injuries sustained while she resided at the facility. The juror assured the court that her prior experiences would not affect her ability to sit as a juror. In addition, defense counsel asked this juror whether she personally had any experience receiving rehabilitative care or knew someone who had received care. The juror said she had no experience receiving rehabilitative care and that she could set aside her friend’s experience with the nursing home and decide the case on the evidence presented.