Marsha McDonald v. Paul F. Shea, M.D. and Shea Ear Clinic - Concurrence/Partial Dissent

I agree with the result reached in this case, but I disagree with the majority’s statement that “it is unclear whether Juror H was excluded based on a peremptory strike or for cause.” The record is unequivocally plain in this case that the trial judge permitted the exercise of a
peremptory challenge after the jury had been accepted and the trial was underway.