Rosalyn Troutman sued 957 Nassau Road LLC after her relative slipped on a patch of ice and died.
During the course of the trial, a juror revealed that she knew one of the witnesses who was going to testify for the defense. (The two people lived in the same neighborhood and often greeted each other.)
Although the juror indicated she could be fair and impartial, the Nassau County Supreme Court granted defense counsel's request to have the individual replaced. And after the jury found in 957's favor, Rosalyn appealed.
According to state law, a substitution can occur when a juror dies, becomes ill, or is "unable to perform his [or her] duty." Since there was no reason to believe that the lady was biased, the Appellate Division, Second Department, thought that reversible error had occurred and sent the case back for a new trial.
You try tossing that around.
To view a copy of the Appellate Division's decision, please use this link: Troutman v. 957 Nassau Rd., LLC