Supreme Court of California

In a tort action, the Court of Appeals judgment is reversed where: 1) the trial court did not err in accepting the verdict as complete and discharging the jury, as the juror's silence at polling brought about by the trial court's failure to poll the juror on one of several special verdict questions did not constitute an expressed disagreement with the verdict under Code of Civ. Pro. sec. 618; and 2) defendant's failure to object to incomplete polling before the jury is discharged forfeits any claim of error in polling procedure.

Appellate Information

• Decided 05/07/2009
• Published 05/07/2009

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• McAtee• Harmeyer,Jeff G. Harmeyer and Greg A. McAtee, San Diego, for Defendants and Appellants., Reed Smith, Paul D. Fogel, Dennis Peter Maio, San Francisco;  The Zucker Law Firm, Andrew J. Zucker, Riverside;  The Basile Law Firm and Jude Basile, for Plaintiffs and Respondents.