# Pratt v. St. Christopher's Hospital > Supreme Court of Pennsylvania · January 19, 2005 · 581 Pa. 524 URL: https://www.frixlaw.com/law-library/cases/9635329 ## Case - **Full name:** Sharon PRATT, Mother, Michael Nesmith, Sr., Father, Individually and in Their Own Right as Parents and Natural Guardians for Michael Nesmith, Jr. v. ST. CHRISTOPHER’S HOSPITAL, Ronald Souder, M.D., Margaret Fisher, M.D., Covenant House Health Services, Covenant House, Inc., Germantown Hospital Emergency Physician(s) Associates, Inc., Stephen Raphael, M.D. and Nellie Novak, M.D. Appeal Of: Ronald Souder, M.D. and Margaret Fisher, M.D. - **Court:** Supreme Court of Pennsylvania - **Decided:** January 19, 2005 - **Citations:** 581 Pa. 524; 866 A.2d 313; 2005 Pa. LEXIS 101 - **Precedential status:** Published - **Opinion:** Dissent by Newman - **Judges:** Cappy, Castille, Nigro, Newman, Saylor, Eakin, Baer - **Cited by:** 22 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9635329 ## How later opinions describe it (automated extraction) - holding: “[t]he procedure for development of [post-verdict claims alleging] . . . extraneous information and/or outside influence affecting jury deliberations . . . and their ultimate disposition remain vested, in the first instance, within the sound discretion of the trial co… - noting that the clear purposes of the no-impeachment rule are “to discourage harassment of jurors by losing parties, encourage free and open discussion among jurors, - 18 - J-S31017-17 reduce incentives for jury tampering, promote verdict finality, and maintain the viability o… - establishing that “[t]he procedure for development of [post-verdict claims alleging] . . . extraneous information and/or outside influence affecting jury deliberations . . . and their ultimate disposition remain vested, in the first instance, within the sound discretion of the… - explaining that general - 23 - J-E02003-23 rule that jurors may not impeach verdict was formulated to, inter alia, discourage harassment of jurors by losing parties - noting that the Supreme Court “has discouraged pointed, post-verdict discussions between disappointed litigants and discharged jurors that are specifically directed toward collecting evidence with which to impeach the verdict” ## Opinion text NEWMAN, Justice, dissenting. The citizen jury is the bedrock upon which the edifice of the American System of Justice is constructed. Thomas Jefferson, its chief proponent, described the jury system as “the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.” 15 Papers of Thomas Jefferson 269 (1958). Justice Scalia, in Blakely v. Washington, 542 U.S. 296 , -, 124 S.Ct. 2531, 2539 , 159 L.Ed.2d 403 (2004), noted: *543 For this reason, a jury verdict is sacrosanct and the process is inviolable. From colonial times, the Pennsylvania Constitution guaranteed the right to a trial by jury in all civil cases. Respublica v. Doan, 1 U.S. 86 , 1 Dall. 86 , 1 L.Ed. 47 (Pa.1784). Inherent in this provision is that the trial be fair. “Impartiality is not a technical conception. It is a state of mind. For the ascertainment of this mental attitude of appropriate indifference, the Constitution lays down no particular tests and procedure is not chained to any ancient and artificial formula.” United States v. Wood, 299 U.S. 123, 145-46 , 57 S.Ct. 177 , 81 L.Ed. 78 (1936). For the judiciary, protection of the jury system’s integrity, and its concomitant verdicts, has required our constant vigilance. The majority, however, requires a remand for a hearing after fifteen years of litigation and more than three years from the final appealable verdict in this case to determine whether unsupported allegations of extrinsic evidence require yet another trial. Because I believe that no hearing is required in the instant matter, I must respectfully dissent. *542 Just as suffrage ensures the people’s ultimate control in the legislative and executive branches, jury trial is meant to ensure their control in the judiciary. See Letter XV by the Federal Farmer (Jan. 18, 1788), reprinted in 2 The Complete Anti-Federalist 315, 320 (H. Storing ed.1981) (describing the jury as “securing] to the people at large, their just and rightful controul in the judicial department”); John Adams, Diary Entry (Feb. 12, 1771), reprinted in 2 Works of John Adams 252, 253 (C. Adams ed. 1850) (“[T]he common people, should have as complete a control ... in every judgment of a court of judicature” as in the legislature) .... *543 Two well-established principles of law govern this case. First, and foremost, is the longstanding rule that courts must protect jurors and their verdicts from unwarranted intrusions. The rule that jurors may not impeach their verdict was formulated to discourage harassment of jurors by losing parties, encourage free and open discussion among jurors, reduce incentives for jury tampering, promote verdict finality, and maintain the viability of the jury as a judicial decision-making body. Carter by Carter v. U.S. Steel Corp., 529 Pa. 409 , 604 A.2d 1010, 1013 (1992). The reluctance to probe into jury decision-making must give way only in the face of a showing sufficient to undergird genuine doubts about impartiality. Unlike some of our sister states, 1 Pennsylvania has never adopted a per se rule finding prejudice whenever there is juror misconduct. Moreover, it is axiomatic that inquiry into the motives of individual jurors and conduct during deliberations is never permissible; any investigation must focus solely on *544 whether there is solid information that the jury was exposed to external influences and, from an objective perspective, whether such influence was likely to have affected the jury’s verdict. In order for juror misconduct to warrant a hearing, it must entail the introduction of some new information to the jury as opposed to a clarification or illustration of the evidence presented in court. If that determination is made, then the interest in fair proceedings must be balanced against the need to protect the sanctity of jury deliberations, the privacy of individual jurors, and the finality of verdicts. The second relevant proposition of law is that trial judges have broad discretion in determining how to respond to allegations of extraneous influence on jurors. Hostetler v. Kniseley, 322 Pa. 248 , 185 A. 300, 302 (1936). The rule is justified by the fact that the trial judge is in a better position than the appellate court to decide the question of prejudice because of his or her first-hand knowledge of the relevant facts and evidence. When jurors conduct their own experiments or seek advice from those outside the presence of the court, the result is the introduction of facts that have not been subject to the rules of evidence or to cross-examination by either party. This is broadly defined as juror misconduct. However, when allegations of misconduct arise, it is the responsibility of the trial court to determine if the misconduct resulted in a reasonable possibility of prejudice. Carter, 604 A.2d at 1016 . When viewed in the light of the two longstanding principles of law applicable to the case sub judice, the request set forth by the appellant physicians cannot stand. Juror No. 10’s oblique reference to a claimed prejudicial effect of an outside influence upon the jury’s deliberation sheds ho light on the ultimate question of potential prejudice. While the letter from the juror is signed, it lacks the indicia of authenticity and the reliability of an affidavit. In previous situations in which an evidentiary hearing was held, allegations of juror misconduct have been supported by affidavits prior to the hearing. See, e.g., Pittsburgh National Bank v. Mutual Life Ins. Co., 493 Pa. 96 , 425 A.2d 383 (1981). In this case, the letter does not indicate which jurors sought the extraneous information, *545 nor does it disclose what specific information the unidentified jurors obtained. The letter contains only vague allegations that information was solicited on a complex issue confronting them at trial. However, the medical issues involved in this case were not those associated with family practice, general practice, or the nursing profession, but were those governed by specialty practices. The letter does not detail whether the information received was the same as that introduced into evidence nor does it disclose whether the information was itself conflicting. In short, the vague, unsworn assertions contained in the letter of Juror No. 10 demanded no more than the review conducted by the trial judge. Following review of the evidence in this case, the trial judge determined •that, due to a lack of first-hand knowledge, Juror No. 10 could add nothing to a hearing by her testimony that was not included in the letter, and that no prejudice existed because both sides had introduced extensive evidence with regard to the CAT scan. Consequently, this Court’s review, as was that of the Superior Court, is limited to the deferential standard of abuse of discretion. I believe that the record contains sufficient evidence to find that the trial judge did not abuse his discretion in denying a hearing in this matter. Although a criminal, not a civil, case, Commonwealth v. Pierce, 458 Pa. 319 , 309 A.2d 371 (1973), is instructive. In Pierce, the defendant sought a new trial after learning that a juror took notes of testimony that were utilized during deliberations. The defendant submitted the affidavit of a discharged juror stating that notes of testimony were taken and utilized during deliberations. In denying the request of the defendant for a new trial, this Court recognized that Pennsylvania law prohibits a juror from using notes in the jury room. Nevertheless, we refused to accept the testimony of a discharged juror pursuant to the no impeachment rule. In addressing the affidavit of a discharged juror this Court specifically stated that the affidavit “was not competent evidence to show that notes were used in the jury room.” Id. at 372. *546 Of even greater significance, in Friedman v. Ralph Brothers, 314 Pa. 247 , 171 A. 900 (1934), it was alleged that the jury foreman made an extra-judicial foray to the accident scene, took measurements, and informed his fellow jurors of his findings. We stated: “The particular thing complained of here was that the foreman measured some distances at the scene of the accident; [ ] this could not have influenced the jury, for it appears the distances were all in evidence and all the facts which the juror allegedly reported were properly before the jury.” (Id., 340 Pa. at 247, 16 A.2d 392 )(Emphasis added). This Court, then invoked the no-impeachment rule, holding that post-verdict testimony of what transpired in the jury room was inadmissible. Judge Kephart in Friedman made an objective finding that the matters communicated improperly to the jury had to be measured against the matters that were properly before the jury, in order to reach a well-reasoned opinion as to whether affirmative prejudice had occurred to the defendant’s case. Significant to our holding in Friedman , then, was our finding that the information complained of could not have prejudiced the jury because the information communicated by the foreman to the other jurors was information already in evidence. In Pittsburgh National Bank, supra, this Court refused to permit the appellants’ post-trial questioning of a juror who, during jury deliberations, had visited a car dealership and examined an automobile similar to the vehicle driven by the decedent at the time of a fatal crash. That juror had communicated his findings to the jury. This Court concluded that, even though the juror had acted improperly, he would not be subject to post-trial questioning. In so finding, we relied on our decision in Friedman . The case sub judice presents the same scenario we faced in Friedman and Pittsburgh National Bank, supra. In all three instances, jurors conducted their own investigations and communicated the results to their fellow jurors. In both Friedman and Pittsburgh National Bank , this Court concluded that, while we do not condone the misconduct of the jurors, there was insufficient evidence of prejudice to proceed further. *547 Despite the severity of the allegations of juror misconduct, this Court refused to accept into evidence any testimony from a discharged juror for purposes of impeaching the jury’s verdict. Yet, the Majority here fails to follow this precedent. A few other jurisdictions, except those that consider any juror misconduct or outside influence prejudicial per se, have examined the issue and require a strong showing of prejudicial conduct. For example, in Diemer v. Dischler, 313 Ark. 154 , 852 S.W.2d 793 (1993), the Arkansas Supreme Court heard a case in which the trial judge denied a motion for a new trial based on two jurors’ unauthorized view of an accident scene. Juror affidavits indicated that two unnamed members of the jury went to the scene of the accident, performed an experiment, and reported their observations to the jury during deliberations. The experimenters said that, because they were able to stop their automobiles before striking the defendant’s forklift that the plaintiff should have been able to do so as well. The Diemer court was especially troubled by the fact that the affidavits failed to name the jurors or give any details of their experiment, leaving the trial judge to speculate as to what the jurors did and whether it resulted in a reasonable possibility of prejudice, not unlike the instant matter. In finding that there was no abuse of discretion in the conclusion of the trial judge that no reasonable possibility of prejudice existed, the court found that the affidavits were insufficient to establish an evidentiary basis for the allegations of misconduct. See also Norton v. Great Northern Railway Co., 78 Mont. 273 , 254 P. 165 (1927); Paul v. Salt Lake City Railroad Co., 34 Utah 1 , 95 P. 363 (1908). In Cassamasse v. J.G. Lamotte & Son, Inc., 391 Mass. 315 , 461 N.E.2d 785 (1984), a trial court was presented with a Motion for a New Trial based on a post-verdict affidavit of juror misconduct. The affidavit noted that an extraneous matter “caused the deliberations of the jury to be improperly reported” and the Motion requested a hearing by the court to question one or more jurors. Id. at 787. The court denied the motion. On appeal, the Supreme Judicial Court of Massachusetts held that “the plaintiffs failed to give the judge *548 sufficiently clear, detailed, and reliable information to establish their right to present juror testimony.” Id. at 788. The court went on to state that “[a]fter a careful review of the entire affidavit and the record, we are satisfied that the information brought to the judge’s attention fell short of demonstrating the need for a supervised interview of one or more jurors.” Id. In Foster v. Camelback Management Co., 132 Ariz. 462 , 646 P.2d 893 (Ariz.Ct.App.1982), the trial court received a letter indicating that one or more of the jurors had produced extrinsic evidence not adduced at trial that was detrimental to the plaintiff in the case. The trial court denied the motion for a new trial. The Arizona Court of Appeals determined that, even though the juror’s letter was unsolicited, it was neither sworn testimony nor an affidavit and would not suffice to call into question the jury’s verdict on the grounds of misconduct. The court stated that such extraordinary relief should not be granted upon evidence other than testimony or affidavit. In Ten Hagen v. DeNooy, 563 N.W.2d 4, 10 (Iowa Ct.App.1997), the court held that the extraneous information obtained by jurors was supported by the testimony of two witnesses at trial and no new trial was warranted. This should have been the decision reached by the Superior Court in this matter. These cases demonstrate that a hearing is not required every time a juror has been placed in a potentially compromising situation. It is virtually impossible to shield jurors from every contact or influence that might theoretically affect their vote. With regard to the case before us, there is no first-hand knowledge contained in this letter; it consists entirely of second-hand information and impressions coupled with the assumption that whatever information was provided could have influenced some juror or jurors in some way. The trial judge noted that, if he were to provide a hearing, there was little testimony from Juror No. 10 that would add anything of substance. Jurors may not testify as to discussions that occur in the jury room. I believe that accepting the content of this letter as establishing sufficient grounds for a hearing will ultimately undermine the finality of verdicts. No verdict will *549 be safe from challenge two weeks or two months or even two years from the date that it is entered. 2 I believe that the letter from Juror No. 10 is insufficient to warrant a ruling that the trial judge abused his discretion in denying a hearing. The trial judge, who alone among the reviewing members of the judiciary knows the evidence presented at trial, the demeanor of all involved, and the likelihood of jury prejudice, is the individual charged with the discretion to grant a hearing when the interests of justice would be served. We have never treated that lightly. As to the conclusion of the Superior Court that prejudice was certain enough to grant a hearing based solely on the contents of the letter, this is pure speculation and surmise given the paucity of information as to exactly what was communicated to the jury. All we have here are unsubstantiated allegations of one juror concerning matters that were revealed in the jury room by other jurors. It is beyond cavil that what is said in the jury room during deliberations is outside the purview of post-verdict juror testimony so that there is no basis in the law to justify any further proceedings. In Carter we observed that the trial court provided detailed and lengthy instructions that the jurors consider only the evidence and testimony of the witnesses presented. Likewise, the trial judge in the matter before us instructed the jury to deliberate on the evidence and testimony produced at trial. I cannot agree with the Majority that this letter is sufficient to prolong the process of this case even further. Instead, I would hold that Juror No. 10’s letter contains insufficient information of the extraneous influence to which the jury was exposed. I do not believe that this Court is able to say with any degree of assuredness that there was a reasonable likelihood of prejudice. Accordingly, I would reverse the Superior Court and affirm the decision and Order of the Court of Common Pleas of Philadelphia County. . See, e.g., People v, Ramos, 34 Cal.4th 494 , 21 Cal.Rptr.3d 575 , 101 P.3d 478 (2004); Woods v. State, 43 Miss. 364 (Miss. 1870); Scott v. Commonwealth, 11 Va.App. 516 , 399 S.E.2d 648 (1990). . See, i.e., Commonwealth v. Laird, 555 Pa. 629 , 726 A.2d 346 (1999) (refusing to grant new trial where allegations of juror misconduct occurred eight years after verdict). --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9635329. Public record. Not legal advice.