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May 2, 2008 11:34 AM CDT
Alleged Bias

Where the trial court failed to disclose an instruction to counsel before giving the instruction to the jury and then commented on the quality of plaintiff’s counsel’s objection in the presence of the jury; one comment made by the trial court to counsel, outside of the jury’s hearing, reflects the court’s apparent mistaken understanding rather than bias; the court treated a potential “anti-physician” juror differently than a potential “pro-physician” juror, but the record reflects that the basis for the difference may be something other than bias; and the record shows instances where the court acted in plaintiff’s favor; we conclude that plaintiff has not shown that the trial court failed to be impartial and acted with such bias that he ought to be granted a new trial, even though the record shows occasional tension between the trial court and plaintiff’s attorney, at times in the jury’s presence.

We reject the additional claims of error. Affirmed.



Case Details

Case Number: A06-2358
Case Name: Delgado v. Neurosurgical Assoc., Ltd.
Court: Court of Appeals
County: Hennepin County
Category: Judiciary
Type: Unpublished Civil Opinions


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