Manke v. Physicians Insurance Co. of Wisconsin

1 In this medical malpractice action, the primary issue on appeal is whether the circuit court erred in setting aside the jury verdict against the defendants and ordering a new trial because a juror brought a dictionary definition of "neglect" into the jury room. The circuit court determined that this was extraneous information and was prejudicial. While we agree that the circuit court made some legal errors in arriving at its conclusion, we affirm because the competent juror testimony supports the circuit courts factual determinations and satisfies the correct legal standard for a new trial. We also affirm the circuit courts decision that the new trial should be on the issue of causation as well as on negligence.