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PA Supreme Court clarifies right to jury trial in all civil cases

Aug 05, 2016

2012-12-12 - Attorney George Badey successfully appealed a medical malpractice action, leading to the Pennsylvania Supreme Court decision clarifying the Constitutional right to a jury trial in all civil cases in Pennsylvania. Case Summary from Justia.com: The issue before the Supreme Court was whether a court was empowered to remove a principal juror without any reason and without any notice to the parties, and replace her with the last possible alternate, without notice, after all evidence was submitted and the jury had already retired to deliberate. Upon review, the Court concluded that the removal of a juror can only be done by a trial court, on the record, with notice to the parties, for cause. Furthermore, the Court concluded that the trial court committed reversible error for which the aggrieved party was not required to demonstrate prejudice.

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