This appeal involved one of the largest dental malpractice lawsuits ever filed in New York, arising from high-exposure claims with significant carrier risk. After a no cause of action, the court overturned the unanimous no-cause verdit after a four-week trial based on an unfounded allegation of juror interference.

Matt successfully argued on appeal that the trial judge abused her discretion by granting a new trial based on a single juror’s uncorroborated claim that someone was “stalking” the jury. Matt and co-defendants’ counsel demonstrated that the court conducted an insufficient investigation, failed to follow established procedures for assessing juror misconduct, and improperly restricted defense counsel from interviewing jurors before setting aside the verdict.

The Appellate Division reversed, reinstated the defense verdict, and reaffirmed critical principles protecting carriers from unnecessary retrials, inflated litigation costs, and exposure driven by unsupported juror-misconduct allegations.

Photo Credit to Kenny Eliason