Baird v. Owczarek, et al.


Oral Argument
05/14/14 – 05/14/14

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In this oral argument before the Delaware Supreme Court, the attorney representing appellant Thomas Baird challenged the lower court's decision to deny his client's request to investigate particularized allegations of juror misconduct. On September 30, 2011, Mr. Baird filed a medical negligence action against appellees Frank R. Owczarek, M.D., Eye of Care Delaware, LLC, and Cataract and Laser Center, LLC. Mr. Baird alleged that from from January 16, 2004, continuing through April 20, 2011, the appellees performed two LASIK surgeries which were contraindicated because of the preoperative condition of his corneas. On April 25, 2013, Mr. Baird filed a motion for a new trial based upon specific allegations of jury misconduct. On August 29, 2013, the lower court denied the motion.


The judgment of the Superior Court was reversed, and the matter was
remanded for a new trial.


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