A Landmark Appellate Victory Led by George J. Badey III
In Bruckshaw v. Frankford Hospital, Attorney George J. Badey III successfully appealed a medical malpractice verdict to the Pennsylvania Supreme Court, resulting in a precedent-setting decision that strengthened constitutional protections for civil litigants statewide.
The case arose from a medical malpractice and wrongful death lawsuit tried in the Philadelphia Court of Common Pleas. After a multi-week jury trial, a verdict was returned for the defense. Only after the verdict was delivered did counsel discover that a principal juror had been removed and replaced by an alternate without notice to the court or the parties, and without any record explanation.
The Legal Issue Before the Court
The Pennsylvania Supreme Court granted review to address a critical question:
Whether a court officer may remove a sworn juror and substitute an alternate, without notice, without cause, and without a record, after deliberations have begun.
The Court answered with a clear and unequivocal no.
The Supreme Court’s Holding
In a published opinion, the Court held that:
- Only a trial judge, not a court officer, may remove a juror
- Removal must occur on the record, for cause, and with notice to the parties
- Substituting a juror without these safeguards constitutes reversible error
- In such circumstances, prejudice is presumed, and the aggrieved party is not required to prove harm
As a result, the Supreme Court reversed the verdict and ordered a new trial, reinforcing that the constitutional right to a jury trial applies with equal force in civil cases as in criminal proceedings.
Why This Decision Matters
This ruling clarified and strengthened Pennsylvania law by:
- Protecting the integrity of jury deliberations
- Preventing off-the-record interference with jury composition
- Affirming that civil litigants are entitled to the same structural protections as criminal defendants
- Establishing clear procedural boundaries for courts statewide
The decision has since been cited as controlling authority on juror removal and jury integrity in Pennsylvania civil litigation.
A Resource for Referring Attorneys
The Court’s full opinion and supporting materials remain a valuable reference for attorneys handling jury trials, post-trial motions, and appeals involving procedural irregularities. The firm has made this decision available as part of its ongoing efforts to support the broader plaintiffs’ bar and uphold fair-trial standards across Pennsylvania.