Juror’s Facebook Comments “Not Prejudicial” To Defendant in Washington Med Mal Action

Another trial, another juror posting comments about same on Facebook.

This time, it’s Figueroa v. High Line Medical Center, No. 68272-5-I (Wash. Ct. App. Oct. 14, 2013), a medical malpractice case (the basic facts of which are not important to the Facebook issue). Whatever the facts, the jury found for the plaintiff, and the doctor appealed on a number of issues.

One of his points of error was jury misconduct.  The relevant portion of the opinion reads:

Dr. Ryan argues that the court erred in not granting a new trial because of alleged juror and attorney misconduct. Dr. Ryan further argues that the trial court abused its discretion when it denied his motion for a new trial after a juror posted comments regarding the case on Facebook. A juror’s communication with a third party about a case constitutes misconduct.The trial court may grant a new trial only where such juror misconduct has prejudiced the defendant.

Here, no such prejudice was shown. The juror’s comments were limited and innocuous. They were nothing more than a description of the juror’s day interspersed with the following related comments on her jury duty:

• Spent the day in Superior Court doing my civic duty. On jury duty for next 2 weeks.

• Day 3 of jury duty. Very difficult to listen to a translator during the questioning. I can pick out some words.

• Day 4 of jury duty, off on Friday, and back to the jury on Monday. Hope to finish by noon on Thursday. It’s been interesting. Love the 1 1/2 hour lunches.

• My civic duty, jury duty ended today with a negligent claim on the doctor. This was tough to decided $s to the plaintiffs. Mentally exhausting!

While it was inappropriate for the juror to post anything on Facebook regarding the case, these comments were not prejudicial to Dr. Ryan.

(Citations and quotations omitted).

Sure, the status updates were probably harmless, and his only substantive remark referred to the verdict itself, after it had been rendered. However, it seems that the jury’s conduct was almost certainly violative of whatever instructions the judge may have given to the jurors prior to the institution of the trial. Oh, well.