The Pennsylvania Supreme Court has agreed to hear arguments over whether the Superior Court was required to defer to a trial judge’s decision not to strike a juror in a medical malpractice case, despite the fact that the judge was absent from the room when the prospective jurors were questioned.

A three-judge Superior Court panel consisting of Judges Mary Jane Bowes, Judith Olson and Deborah A. Kunselman granted plaintiff Mendy Trigg a new trial and reversed an Allegheny County jury’s verdict in favor of the Children’s Hospital of Pittsburgh of UPMC after Trigg argued that the selected jurors were biased.

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