Ouch ... Clapping Juror Following Closing Argument Is Not Prejudicial
Yesterday in Bandana Trading Co., Inc. v. Quality Infusion Care, Inc., the Second District held that a juror's clapping during closing argument in response to counsel's reminder that the jury could disregard testimony by a witness it believed was not credible did not prejudice appellant's case.
Apparently, Juror No. 2 thought someone was lying and exuberantly expressed her opinion in court. The Second District didn't believe it was prejudicial since the case was nearly over and the other jurors, when polled, couldn't remember what had prompted the applause.
I am sure respondent's counsel just felt lovely after that little show of enthusiasm......
