Thompson v. Presbyterian Hospital

1 This appeal in a medical malpractice case presents two questions: [1] Was the plaintiffs evidence sufficient to withstand the surgeons demurrer? and [2] Was there prejudicial error in allowing an additional set of three peremptory jury challenges to multiple defendants whose respective posture, vis-a-vis each other, was not shown to be in a state of "serious" conflict? We hold that (a) the surgeons demurrer was properly sustained, and (b) prejudice to the plaintiff is to be presumed from allowance of additional peremptory challenges when none of the multiple defendants has met the burden of affirmatively showing the presence of a serious dispute among the co-defendants in the case.