Section 14.16 Inattention of Juror and Failure to Participate in Verdict

• Library: Civil Trial Practice 2015 Supp

G. (§14.16) Inattention of Juror and Failure to Participate in Verdict

A juror is required to give attention to the case and to participate in the verdict. A common complaint is the juror who dozes off during trial. This complaint must be made to the trial court during trial and cannot be raised for the first time in a motion for new trial. Yoon v. Consol. Freightways, Inc., 726 S.W.2d 721, 722 (Mo. banc 1987). Furthermore, the trial court must find that the complaining party was prejudiced to succeed on...