Serving the Big Horn Basin for over 100 years
Serving the Big Horn Basin for over 100 years
Plaintiff contends juror misconduct during August wrongful death trial
WORLAND – A mistrial hearing in the case of Stephanie Anderson versus Edward M. Zimmerman is scheduled for Friday at 9 a.m. in Fifth Judicial District Court in Worland, requesting a new trial due to juror misconduct in the original trial, which concluded on Aug. 12 of this year, with a verdict of no fault.
The case stems from the July 2013 death of Worland teacher Kevin R. Anderson. According to the original complaint filed by Stephanie Anderson in the Fifth Judicial District, Kevin Anderson was transported to the Washakie Medical Center on the night of July 19, 2013, entered into the emergency room under the care of Dr. Edward Zimmerman and treated for acute abdominal, back and groin pain.
Zimmerman diagnosed Anderson with a small, uncomplicated kidney stone, and administered 4 milligrams of hydromorphone, an opioid-based pain medication. Anderson was discharged at 2:30 a.m. and went home assisted by his wife, where he was found dead in bed four hours later.
During the August trial, jurors determined that Zimmerman did not cause the death of Anderson, and did not breach the standard of care.
On Sept. 6, attorneys for Anderson filed a motion for mistrial / new trial due to juror misconduct, citing the attorneys were contacted by the foreperson of the original jury, who revealed during a deposition that during deliberations, a member of the jury expressed the opinion “Dr. Zimmerman did not matter because God called Kevin [Anderson] home.”
Noting that several potential jurors were excused from the case for expressing the same opinion during selection, attorneys for Anderson argued that the juror in question hid their opinion during selection, and such misconduct is prejudicial to the rights of the plaintiff in this case.
The attorneys for Anderson declare that they were contacted by the jury foreperson after the initial verdict, and did not solicit the information in any way.
Attorney for the defendant, George E. Powers of Cheyenne, argued in his response that the Wyoming Supreme Court has upheld previous attempts of declaring mistrial based on juror testimony, as state law clearly prohibits a juror from testifying as to any matter or statement occurring during jury deliberations.