Anti-Semitic Statements By Juror Should Have Led To Hearing On New Trial Motion

In Fleshner v. Pepose Vision Institute, P.C., (MO Sup. Ct., Feb. 9, 2010), the Missouri Supreme Court held that the trial court in a wrongful termination case should have held a hearing on juror misconduct where it was alleged that a juror made anti-Semitic remarks about one of the witnesses during jury deliberations. The court held: "If the trial court finds after conducting a hearing that such biased or prejudicial statements were made during deliberations, then the motion for a new trial should be granted as the parties would have been deprived of their right to a trial by 12 fair and impartial jurors."